[2000] KEHC 470 (KLR)
The court found that the plaintiff had established, through uncontroverted evidence from its accountant, that the defendant was indebted to it in the sum of Kshs 2,086,932 for unpaid insurance premiums. The defendant, having failed to participate substantively in the hearing or present evidence to the contrary, left...
Source-derived case information.
- Citation
- [2000] KEHC 470 (KLR)
- Parties
- Plaintiff: Monarch Insurance Company Ltd; Defendant: Minto Insurance Brokers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 332 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Insurance Premiums, Debt Recovery, Contractual Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monarch Insurance Company Ltd
Plaintiff
Minto Insurance Brokers
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is indebted to the plaintiff for unpaid insurance premiums.
- 2 Whether the plaintiff has proved its claim on a balance of probabilities.
Ratio Decidendi
The court found that the plaintiff had established, through uncontroverted evidence from its accountant, that the defendant was indebted to it in the sum of Kshs 2,086,932 for unpaid insurance premiums. The defendant, having failed to participate substantively in the hearing or present evidence to the contrary, left the plaintiff's case unchallenged. On the balance of probabilities, the court was satisfied that the plaintiff's claim was proved and therefore entered judgment in its favour for the claimed amount, together with costs and interest at court rates.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendant for Kshs 2,086,932.
- The defendant shall pay costs of the suit to the plaintiff.
Full Case Text
Judgment text and source record
12 paragraphs
HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIV CASE 332 OF 1998
MONARCH INSURANCE COMPANY LTD
Versus
MINTO INSURANCE BROKERS
JUDGEMENT
The plaintiff has filed this suit against the defendant to recover the sum of Kshs 2,086,932 which it says is due and owing to it from the defendant on account of unpaid insurance premiums. The defendant having denied liability in its defence, the suit came up for hearing before me on October 12, 2000. Mrs Barasa who is the advocate on record for the defendant did not turn up for the hearing of the suit. Instead she sent another advocate known as Mr. Osero to hold her brief and to apply for an adjournment allegedly because she was engaged elsewhere. When the application was rejected, Mr Osero informed the court that his instructions were limited to applying for an adjournment. In the event, the hearing of the suit proceeded ex parte .
The plaintiff called one of its accountants Mr. Simon Gitau Gichuru, as its only witness. His evidence established that the defendant is indeed indebted to the plaintiff in the sums of Kshs 2,086,932 on account of unpaid insurance premiums as at January 21, 1998 when the suit was filed.
In view of that, I find the plaintiff’s claim proved on a balance of probability and, accordingly, I enter judgment in its favour against the defendant for the said sum of Kshs 2,086,932 plus costs and interest thereon at Court Rates.
Delivered on October 13, 2000
T Mbaluto, Judge