Domitilah Wanzila Muvanya v Jubilee Insurance Company Limited [2017] KEHC 9798 (KLR)
- Court
- High Court of Kenya
- Case number
- 9798
- Citation
- [2017] KEHC 9798 (KLR)
- Decided
- 22 December 2017
The Plaintiff is not entitled to the commission of Kshs. 12,131,422.86 and the Defendant denied that the Plaintiff prepared and concluded the subject tender or the ensuing contract between the Defendant and KEBS.
Facts
The Plaintiff, Domitilah Wanzila Muvanya, was appointed as an Insurance Agent by the Defendant, Jubilee Insurance Company Limited. She prepared and concluded a tender with Kenya Bureau of Standards (KEBS) worth Kshs. 128,273,874/=, and was entitled to a commission of 10% in the sum of Kshs. 12,131,422.86. The Defendant denied the Plaintiff's claim.
Issues
- Whether the Plaintiff is entitled to the commission of Kshs. 12,131,422.86
- Whether the Plaintiff prepared and concluded the subject tender or the ensuing contract between the Defendant and KEBS
Reasoning
The Plaintiff's appointment as an Insurance Agent and the Agency Agreement between the parties do not entitle her to the commission. The Defendant denied the Plaintiff's claim.
Outcome
Defendant's appeal upheld
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