UAP Insurance Company Limited v Maina & another (Civil Appeal E078 of 2021) [2024] KECA 392 (KLR) (12 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 392
- Citation
- [2024] KECA 392 (KLR)
- Decided
- 12 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at NakuruCoramP. NYAMWEYA, F. OCHIENG, W. KORIR
Holding
The appeal is merited, and the judgment of the High Court is set aside. The original judgment of the Chief Magistrate’s Court is upheld.
Facts
UAP Insurance Company Limited insured a Toyota Hiace motor vehicle for Kshs 2,250,000. The vehicle was involved in an accident on 9th November 2011, severely damaging it. UAP Insurance Company Limited repaired the vehicle, but the Respondents claimed for replacement or payment of the full sum insured due to substandard repairs.
Issues
- Whether the High Court erred in awarding Kshs 25,000 per month for loss of user of the vehicle
- Whether the High Court erred in not applying the correct principles of law in making the award
Reasoning
The High Court erred in not applying the correct principles of law in making the award for loss of user, and the learned Judge did not take into account the applicable principles of law.
Outcome
The appeal is allowed, and the judgment of the High Court is set aside.
Orders
- The original judgment of the Chief Magistrate’s Court is upheld.
- Each party shall bear their own costs of the appeal.
Authorities cited
Cases cited (1)
- Parabola Investment Limited & Another vs Browallia Cal Limited (2011) QB 477 at 486
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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