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The High Court dismissed an appeal seeking to make an insurer satisfy a judgment, holding that notice of the later suit was not proved under section 10(2)(a).
The High Court recorded a consent judgment after the parties filed a Deed of Settlement, holding that the compromise lawfully resolved the commercial dispute.
Plaintiff proved on balance of probabilities that the insured vehicle was involved in an accident and entitled to indemnity under the insurance contract. Defendant's evidence did not conclusively rebut Plaintiff's claims. Plaintiff is awarded direct repair costs and general damages.
Source excerpt
The court found that the 1st defendant negligently caused the death of the deceased while driving the insured vehicle owned by the 2nd defendant. The vehicle was insured by the 3rd party at the material time, and the accident was properly intimated to the insurer through its intermediary. The plaintiff failed to strictly prove specific damages but was entitled to general damages due to the wrongful death. The 3rd party insurer is liable to indemnify the plaintiff for general damages and costs.
Source excerpt
The first respondent was a fare-paying passenger; the accident was caused by the negligence of the second respondent; the third respondent was vicariously liable; the appellant insurer was liable under the insurance policy; special damages and medical expenses were not strictly proved and are set aside; general damages were excessive and reduced to a reasonable sum; interest on general damages runs from the date of judgment.
Source excerpt
The High Court at Mwanza granted leave to issue a third party notice in a motor accident claim, holding the application was tenable under Order I Rule 14.
High Court held the passenger death claim was covered by mandatory third-party insurance, awarding general damages only for lack of proof of special damages.
The High Court dismissed an insured company’s claim after finding material non-disclosure about the driver’s licence and holding the insurer was entitled to repudiate.
The plaintiff failed to prove that the driver had a valid license at the time of the accident and suppressed material facts, violating the principle of utmost good faith. The insurance company was justified in repudiating the claim, and the plaintiff is not entitled to compensation or consequential damages.
Source excerpt
The High Court partly allowed a traffic appeal, quashing a conviction for causing death by dangerous driving for insufficient evidence, but upholding the insurance conviction.
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