Trinity Prime Investment Ltd v Lion of Kenya Insurance Company Ltd (Civil Appeal 147 of 2005) [2015] KECA 793 (KLR)
- Court
- Court of Appeal
- Case number
- 793
- Citation
- [2015] KECA 793 (KLR)
The court found that the payment made by the respondent was not in full and final settlement of the claim under the policy, and that the discharge voucher was conditional on further payment.
Facts
The appellant company filed a claim for a balance due on a domestic package insurance policy, while the respondent insurance company paid out Sh.6,023,529/= on 21st March, 1997. The appellant claimed a balance of Sh.6,776,471/=. The appellant and the respondent had other insurance policies covering the same property.
Issues
- whether the signed discharge voucher and the payment made of Sh.6,023,529/= constituted a compromise and surrender of the appellant’s right herein
- the need to consider the question of the rateable clause policies issued by the respondent and Madison
Reasoning
The court held that the discharge voucher was not clear and unambiguous, and that the payment was conditional on further payment. The court also ordered the respondent to pay the balance of Sh.6,776,471/=. The court also ordered costs to be paid on account of the rent loss claim.
Outcome
Affirmed
Orders
- The respondent to pay the balance of Sh.6,776,471/= to the appellant
- Costs to be paid on account of the rent loss claim
Authorities cited
Cases cited (1)
- Bank of Credit and Commerce International S.A vs Ali & Others [2001] 1 AC 259
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