APOLLO INSURANCE CO. LTD v THABITI INSURANCE BROKERS LTD & ANOTHER [2008] KEHC 3507 (KLR)
- Court
- High Court of Kenya
- Case number
- 3507
- Citation
- [2008] KEHC 3507 (KLR)
- Decided
- 17 April 2008
The Plaintiff Apollo Insurance Co. Ltd is entitled to the sum of Ksh.7,806,485.50 and interest thereon at the rate of 21⁄2 per month from 1.01.2002 until payment in full.
Facts
The Plaintiff Apollo Insurance Co. Ltd filed a suit against Thabiti Insurance Brokers Ltd and Dalmas Otieno for unpaid premiums. The Plaintiff alleged that Thabiti Insurance Brokers Ltd collected premiums on behalf of Apollo Insurance Co. Ltd and failed to remit them. The Defendants denied being the principal officer and claimed the Plaintiff charged illegal interest.
Issues
- Whether Thabiti Insurance Brokers Ltd is the principal officer of Apollo Insurance Co. Ltd.
- Whether Thabiti Insurance Brokers Ltd failed to remit premiums to Apollo Insurance Co. Ltd.
Reasoning
The Plaintiff proved its claim as in the plaint prayed, and the Defendants chose not to counter the Plaintiff's evidence.
Outcome
Judgment for the Plaintiff against the defendants jointly and/or severally for the sum of Ksh.7,806,485.50 and interest thereon.
Orders
- Judgment for the Plaintiff against the defendants jointly and/or severally for the sum of Ksh.7,806,485.50 and interest thereon.
- Costs of the suit
Remedies
- Interest on unpaid premiums
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