[2014] KEHC 8149 (KLR)
The court found that since the applicant had compensated the insured for the stolen vehicle, it was entitled to be subrogated to her rights in the recovered vehicle. The insured confirmed she had no further interest in the vehicle, and the respondent did not oppose the application. There was no legal or factual...
Source-derived case information.
- Citation
- [2014] KEHC 8149 (KLR)
- Parties
- Applicant: CIC General Insurance Co Ltd; Respondent: Inspector-General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous 506 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Summons
- Outcome
- Application allowed. Declaration and release order granted. No order as to costs.
- Judges
- DW Mbuteti
- Legal Topics
- Insurance Subrogation, Ownership of Recovered Property, Release of Property by Police
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CIC General Insurance Co Ltd
Applicant
Inspector-General of Police
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicant, having compensated the insured for the stolen vehicle, is entitled to a declaration of ownership over the recovered vehicle.
- 2 Whether the respondent should be ordered to release the recovered vehicle to the applicant.
Ratio Decidendi
The court found that since the applicant had compensated the insured for the stolen vehicle, it was entitled to be subrogated to her rights in the recovered vehicle. The insured confirmed she had no further interest in the vehicle, and the respondent did not oppose the application. There was no legal or factual basis to deny the applicant's request. Therefore, the court granted the declaration of ownership and ordered the release of the vehicle to the applicant.
Court Disposition
Application allowed. Declaration and release order granted. No order as to costs.
Orders
- Declaration that the applicant is the owner of motor vehicle registration number KBJ 089 V.
- The respondent is directed to release motor vehicle registration number KBJ 089 V to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
MISC CAUSE NO 506 OF 2014 (O.S.)
IN THE MATTER OF MOTOR VEHICLE REGISTRATION NO KBJ 089 V
BETWEEN
CIC GENERAL INSURANCE CO LTD………...APPLICANT
AND
INSPECTOR-GENERAL OF POLICE………RESPONDENT
R U L I N G
1. One Edna Njeri Kamau (herein after called Njeri), was at the material time insured by the Applicant herein, CIC General Insurance Co. Ltd., against the loss of her car registration number KBJ 089 V, a Toyota Caldina station wagon. In October 2011 the motor vehicle was stolen at Githurai in Nairobi. In due course the Applicant compensated Njeri for the value of the motor vehicle. Happily, the motor vehicle was eventually recovered and is being held by the police.
2. The Applicant has now applied by originating summons dated 18th June 2014for a declaration that the motor vehicle is now the property of the Applicant and for an order directing the Respondent to release the motor vehicle to the Applicant.
3. On 15th July 2014 Njeri appeared before the court and stated that she no longer has any interest in the motor vehicle because she was compensated for the value thereof by the Applicant. She had no objection to the orders sought by the Applicant. The Respondent (the Inspector-General of Police) did not file any papers in response to the originating summons.
4. In these circumstances, I find absolutely no reason to deny the Applicant the declaration and order sought. I will allow prayers 2 and 3 of the originating summons with no orders as to costs of the originating summons. Those will be the orders of the court.
DATED AND SIGNED AT NAIROBI THIS 28th DAY OF JULY 2014
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 30TH DAY OF JULY 2014