Alec Asutsa v Gateway Insurance Company Limited [2017] KEHC 8381 (KLR)
- Court
- High Court of Kenya
- Case number
- 8381
- Citation
- [2017] KEHC 8381 (KLR)
- Decided
- 19 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for summary judgment dismissedCoramLUCY NJUGUNA
Holding
The application for summary judgment is dismissed as the defendant had already filed a defence by the time the application was filed.
Facts
The plaintiff filed a claim for damages in a previous case, which was settled for Kshs.5,000,000. The vehicle involved was insured by the defendant. The plaintiff sought summary judgment against the defendant.
Issues
- Whether the defendant was the Insurer of the motor vehicle registration number KAT 870G.
- Whether the defendant was given a valid statutory notice by the plaintiff.
- Whether the provisions of Cap 405 as far as they relate to declaration against the Insurer are applicable in the circumstances of this case.
Reasoning
The court ruled that the remedy of summary judgment is not available because the defendant had already filed a defence by the time the application was filed, and the application was therefore struck out.
Outcome
Application for summary judgment dismissed
Orders
- Application for summary judgment is hereby struck out with costs to the Defendant/Respondent.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Insurance (Motor Vehicle Third Party Risks) Act
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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