Jubilee Insurance Company Ltd v Matfam Limited (Civil Case 14 of 2018) [2018] KEHC 4617 (KLR) (24 May 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4617
- Citation
- [2018] KEHC 4617 (KLR)
- Decided
- 24 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJ.M BWONWONGA
Holding
The application of the two interested parties is dismissed in its entirety. The defendant will have the costs of the application.
Facts
A road accident occurred on 8th November 2012 resulting in injuries to one of the interested parties and the death of Nelson Abel Onwong’a. Two suits were filed by the interested parties seeking recovery of damages.
Issues
- Whether the interested parties have a stake in the outcome of the suit
- Who bears the cost of the suit
Reasoning
The plaintiff is not liable to make payments or indemnify the defendant under the insurance policy due to the contractual nature of the relationship. The authorities cited by the defendant are persuasive.
Outcome
Appeal dismissed
Orders
- Application of the two interested parties is dismissed
- Defendant will have the costs of the application
Authorities cited
Legislation (3)
- Article 159 of the 2010 Constitution of Kenya
- Order 51(1) of the Civil Procedure Rules
- sections 1A, 1B, 3A and section 63(e) of the Civil Procedure Act (Cap 21) Laws of Kenya
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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