Mvuria Magwabi Chandago v African Merchant Assurance Co. Ltd [2017] KEHC 7047 (KLR)
- Court
- High Court of Kenya
- Case number
- 7047
- Citation
- [2017] KEHC 7047 (KLR)
- Decided
- 24 February 2017
The court held that the statutory notice was not served as required by section 10(2) of the Insurance (Motor Vehicle Third Party Risks) Act, and therefore dismissed the suit.
Facts
The plaintiff, Mvuria Magwabi Chandago, filed a declaratory suit against the defendant, African Merchant Assurance Co. Ltd., alleging that the defendant was liable for a road traffic accident. The plaintiff claimed that the defendant had not served a statutory notice as required by section 10(2) of the Insurance (Motor Vehicle Third Party Risks) Act.
Issues
- Whether a statutory notice was served as required by section 10(2) of the Insurance (Motor Vehicle Third Party Risks) Act.
- Whether the failure to serve the statutory notice rendered the suit totally defective.
Reasoning
The court found that the statutory notice must be served within 14 days after the commencement of the proceedings in which the judgment was given, not after the commencement of the declaratory suit.
Outcome
Appeal dismissed
Orders
- The appellant (plaintiff) shall pay the costs of the appeal.
Authorities cited
Legislation (1)
- Insurance (Motor Vehicle Third Party Risks) Act
Cases cited (3)
- Selle vs Associated Motor Boat Company Limited
- Attorney General vs Small Wonder Ltd
- John Langat vs Kipkomoi Terer & 2 Others
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