[2000] KEHC 84 (KLR)
The court found that the defendant, United Insurance Company Ltd, was duly notified of its liability as insurer of the judgment debtor in HCCC No. 1937 of 1995. The defendant failed to pay the decretal sum as required. The court held that the insurer is bound to indemnify its insured and satisfy the judgment in...
Source-derived case information.
- Citation
- [2000] KEHC 84 (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
- Civil Case 383 of 2000
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Insurance Liability, 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 its insured in respect of the judgment obtained by the plaintiff in HCCC No. 1937 of 1995.
- 2 Whether the defendant was properly notified of its liability arising from the prior case.
- 3 Whether the plaintiff is entitled to judgment as prayed for in the plaint.
Ratio Decidendi
The court found that the defendant, United Insurance Company Ltd, was duly notified of its liability as insurer of the judgment debtor in HCCC No. 1937 of 1995. The defendant failed to pay the decretal sum as required. The court held that the insurer is bound to indemnify its insured and satisfy the judgment in accordance with the decree dated 4th November 1999. Judgment was therefore entered for the plaintiff as prayed in the plaint, granting the reliefs sought for 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
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Civil Case 383 of 2000
LEONARD MUNGA GITHINWA………..……….......................................………...………….PLAINTIFF
-VERSUS-
UNITED INSURANCE 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 MULWA
JUDGE