Juliet Waringa Wanyondu (Deceased) v Lion of Kenya Insurance Company [2017] KEHC 2764 (KLR)
- Court
- High Court of Kenya
- Case number
- 2764
- Citation
- [2017] KEHC 2764 (KLR)
- Decided
- 4 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Summary JudgmentCoramGBM Kariuki
Holding
The court grants summary judgment in favor of the plaintiff for the sum of Kshs.1,871,893.
Facts
The plaintiff/applicant seeks summary judgment for the liquidated sum of Kshs.1,871,893 against the defendant/defendant, Lion of Kenya Insurance Company, in respect of damages sustained in a road traffic accident involving a motor vehicle.
Issues
- Whether the defendant is liable to pay the plaintiff the sum of Kshs.1,871,893 for damages sustained in a road traffic accident involving a motor vehicle insured by the defendant.
- Whether the defendant is entitled to defend the claim based on the grounds that it was never served with a statutory notice or that its insured was never served.
Reasoning
The court found that the defendant's defense of not being served with a statutory notice or that its insured was never served does not raise a triable issue, and thus the defendant is not entitled to defend the claim.
Outcome
The court grants summary judgment in favor of the plaintiff for the sum of Kshs.1,871,893.
Orders
- Summary judgment for the liquidated sum of Kshs.1,871,893 being the decretal sum in Kericho HCCC No.55 of 2007 alongside costs and all accrued interest from 28 th September 2011 being the date of judgment thereof be entered against the defendant.
- That costs of this application and of this suit be borne by the defendant.
Remedies
- Payment of the sum of Kshs.1,871,893 by the defendant to the plaintiff.
Authorities cited
Legislation (2)
- Insurance (Motor Vehicles Third Party Risks) Act (Cap 405) Laws of Kenya
- Civil Procedure Rules
Cases cited (3)
- Continental Butchery Limited vs. Samson Musila Ndura Civil Appeal No 35 of 1997
- Dhanjal Investments Limited vs. Shabana Investments Limited Civil Appeal No 1232 of 1997
- Kundanlal Restaurant vs. Devshi & Company Limited [1952] 19 EA 77
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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