[2000] KEHC 569 (KLR)
The court found that the defendant insurer was duly served with the requisite notice regarding its potential liability arising from the judgment in HCCC No. 1937 of 1995. The defendant failed to pay the decretal sum as required. The court held that, pursuant to the Insurance (Motor Vehicles Third Party Risks) Act...
Source-derived case information.
- Citation
- [2000] KEHC 569 (KLR)
- Parties
- Plaintiff: Leonard Munga Githinwa; Defendant: United Insurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 383 of ??
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Indemnity Obligations, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Munga Githinwa
Plaintiff
United Insurance Company Ltd
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is liable to indemnify the insured in respect of the judgment obtained by the plaintiff in HCCC No. 1937 of 1995.
- 2 Whether the defendant was properly served with notice of liability as required by law.
Ratio Decidendi
The court found that the defendant insurer was duly served with the requisite notice regarding its potential liability arising from the judgment in HCCC No. 1937 of 1995. The defendant failed to pay the decretal sum as required. The court held that, pursuant to the Insurance (Motor Vehicles Third Party Risks) Act and the terms of the insurance policy, the insurer is obligated to indemnify the insured and satisfy the judgment debt. The plaintiff is therefore entitled to judgment as prayed for in the plaint, including payment of the decretal sum, interest, and costs.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff as prayed in prayers (a), (b), and (c) of the plaint.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CIVIL CASE NO. 383 OF 2000
LEONARD MUNGA GITHINWA………..………………...………….PLAINTIFF
-VERSUS-
UNITEDINSURANCE COMPANY LTD…………………………DEFENDANT
JUDGMENT
The plaintiff has sued the defendant following the Judgment which he obtained in HCCC No. 1937 of 1995 in his favour against the defendant in that case who was Peter Mwanthi Njenga who was the present defendants insured. The Defendant has refused or neglected to indemnify the insured by paying the decretal sum.
In his evidence the plaintiff said that the defendant had been served with the requisite notice about its liability arising from that case. To date the decretal amount remains unpaid.
I am satisfied that the Defendant is bound to indemnify the insured the defendant in HCCC No. 1937 of 1995. In accordance with the decree dated 4. 11. 99.
There will therefore be judgment for the plaintiff as prayed for in prayers (a) (b) and (c) of the plaint.
Delivered and dated this 18th July, 2000.
KASANGA MULWAJUDGE