[1999] KECA 137 (KLR)
The Court determined that, in the interests of justice and to ensure a fair hearing, the matter should be stood over to allow the respondent to produce the proposal form filled in by the insured. The Court directed that this document be produced by way of a supplementary record to be filed within 14 days. This...
Source-derived case information.
- Citation
- [1999] KECA 137 (KLR)
- Parties
- Appellant: Mary Wambura Kiritu; Respondent: Blueshield Insurance Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 215 of 1998
- Procedural Posture
- Civil Appeal / Interlocutory Ruling; Matter Stood Over for Hearing
- Outcome
- Matter stood over for hearing; directions for production of document; costs reserved.
- Legal Topics
- Adjournment of Hearing, Production of Documents, Insurance Contract Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambura Kiritu
Appellant
Blueshield Insurance Company Limited
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling; Matter Stood Over for Hearing
Legal Issues
- 1 Whether the hearing should be adjourned to allow production of the proposal form by the respondent.
- 2 Whether the supplementary record containing the proposal form should be filed within the stipulated period.
Ratio Decidendi
The Court determined that, in the interests of justice and to ensure a fair hearing, the matter should be stood over to allow the respondent to produce the proposal form filled in by the insured. The Court directed that this document be produced by way of a supplementary record to be filed within 14 days. This procedural step is necessary for the proper examination of the issues in dispute and to facilitate the Court's consideration of the appeal. Costs were reserved pending the outcome of the substantive hearing.
Court Disposition
Matter stood over for hearing; directions for production of document; costs reserved.
Orders
- The matter is stood over to January, 2000 for hearing in Nairobi.
- The respondent shall produce the proposal form filled in by the insured by way of a supplementary record filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA MARY WAMBURA KIRITU..................................APPELLANT AND BLUESHIELD INSURANCE COMPANY LIMITED.................RESPONDENT
(Appeal in the judgment and decree of the High Court of Kenya at Nyeri (Justice J.W. Mwera) dated 23rd July, 1998 in H.C.C.C. NO. 317 OF 1996 ***************** RULING OF THE COURT
This matter is stood over to January, 2000 for hearing in Nairobi when we expect that the proposal form filled in by the insured and in the custody of the respondent will be produced by the respondent for examination by this Court, by way of a supplementary record filed within 14 days from to-day. Costs reserved.
Dated and delivered at Nyeri this 26th day of October, 1999.
R.O. KWACH ................ JUDGE OF APPEAL
A.M. AKIWUMI .................. JUDGE OF APPEAL
A.B. SHAH ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.