[2001] KEHC 587 (KLR)
The court found that the plaintiff had established, on a balance of probabilities, that he was entitled to indemnity under the insurance policy for losses and liabilities arising from the accident. The plaintiff had complied with the policy requirements by reporting the accident, submitting a claim, and paying the...
Source-derived case information.
- Citation
- [2001] KEHC 587 (KLR)
- Parties
- Plaintiff: Joseph Munyasya Matolo; Defendant: United Insurance Co. Ltd.; Defendant: Whitestone Auctioneers (K) Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2115 of 2001
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment
- Outcome
- Judgment for the plaintiff as prayed in the plaint.
- Legal Topics
- Insurance Contracts, Indemnity, Default Judgment, Execution of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Munyasya Matolo
Plaintiff
United Insurance Co. Ltd.
Defendant
Whitestone Auctioneers (K) Ltd.
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to indemnity from the 1st defendant under the insurance policy for losses and liabilities arising from the accident.
- 2 Whether the defendants are liable for failing to settle all decrees issued against the plaintiff as a result of the accident.
Ratio Decidendi
The court found that the plaintiff had established, on a balance of probabilities, that he was entitled to indemnity under the insurance policy for losses and liabilities arising from the accident. The plaintiff had complied with the policy requirements by reporting the accident, submitting a claim, and paying the required excess. The 1st defendant partially settled some decrees but failed to fully indemnify the plaintiff, resulting in execution against his property. As the defendants failed to enter appearance or defend the suit, interlocutory judgment was properly entered, and the plaintiff's evidence was uncontroverted. The court therefore entered judgment in favour of the plaintiff as...
Court Disposition
Judgment for the plaintiff as prayed in the plaint.
Orders
- Judgment is entered in favour of the plaintiff against the defendants as prayed in the plaint.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 2115 OF 2001
JOSEPH MUNYASYA MATOLO ……………………….. PLAINTIFF VERSUS UNITED INSURANCE CO. LTD. ………………….. 1ST DEFENDANT WHITESTONE AUCTIONEERS (K) LTD. ……… 2ND DEFENDANT
JUDGMENT
The plaintiff who is a businessman based at Kangundo took out a third party insurance policy with the 1st defendant to cover his motor vehicle registration number KAD 480C. The policy which was taken on 9. 9.1997 was for one year but it was later extended up to 21. 6.1999.
On 13. 6.1999, the insured motor vehicle was involved in an accident and the plaintiff made the usual report to the 1st defendant. He later forwarded a claim form in connection with the accident and paid to the 1st defendant the relevant excess in the sum of Shs.30,000/= required on the policy before his claim could be processed. Subsequent to the accident, several suits, particulars of which are shown in the plaint and further details of which he gave during the hearing of this matter, were filed against the plaintiff and in respect of some, the 1st defendant appointed advocates to represent the plaintiff. Despite the efforts of the plaintiff as well as those of the 1st defendant to defend them, the suits were decided against the plaintiff and decrees subsequently issued for the payment by him of various amounts, some of which were partly paid by the 1st defendant.
In the trial of this suit, the plaintiff tendered in evidence (see Exh. 13) several cheques issued by the 1st defendant in settlement of some of the decrees. However it did not effect payment in respect of all the claims and as a result several decrees have been executed and amongst other actions, the plaintiff’s personal motor vehicle has been attached. The plaintiff now claims in this suit that he is entitled to be indemnified by the 1st defendant against all loss and liability arising from the accident.
Interlocutory judgment was entered in this matter on 26. 1.2001 at the request of the plaintiff on account of the two defendants herein having failed to enter appearance and consequently the matter came before me for formal proof.
On the basis of the evidence tendered by the plaintiff, as summarised above, I am satisfied that the plaintiff has established his case against the defendants on a balance of probability. Accordingly, judgment is entered in his favour as prayed in the plaint.
Dated at Nairobi this 31st day of May, 2001.
T. MBALUTO JUDGE