Gitonga (Sued as the Legal Representative and Administrator of the Estate of Patrick Josiah Wanyeki Mwangi - Deceased) v Cannon Assurance Limited (Civil Appeal 175 of 2020) [2026] KECA 93 (KLR) (30 January 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 93
- Citation
- [2026] KECA 93 (KLR)
- Decided
- 30 January 2026
We dismiss the appeal on the first issue and set aside the total sum awarded of Kshs.3,581,700 and substitute thereof a sum of Kshs.3,000,000.
Facts
The appellant, Kenneth Gitonga, was sued by Cannon Assurance Limited for failing to satisfy a judgment obtained against Patrick Josiah Wanyeki Mwangi, deceased. The appellant was the legal representative and administrator of the deceased's estate.
Issues
- Appellant's liability to satisfy the judgment
- Excess judgment awarded by the trial court
Reasoning
The appellant was not required to file suit within three months of being sued and obtain judgment as required by section 10(4) of the Insurance (Motor Vehicle Third Party Risks) Act. The High Court erred in awarding judgment in excess of Kshs.3,000,000, which was capped by the Insurance Act.
Outcome
Appeal dismissed on the first issue, and the excess judgment set aside.
Orders
- Set aside the total sum awarded of Kshs.3,581,700 and substitute thereof a sum of Kshs.3,000,000.
- Appellant to bear 1⁄4 costs of the appeal.
Authorities cited
Legislation (1)
- Insurance Act, 1984
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