Jubilee Insurance Company Ltd v Matfam Limited [2018] KEHC 4651 (KLR)
- Court
- High Court of Kenya
- Case number
- 4651
- Citation
- [2018] KEHC 4651 (KLR)
- Decided
- 24 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to be enjoined as parties in the suitCoramJ.M BWONWONGA
Holding
The application of the two interested parties is hereby dismissed in its entirety. The defendant will have the costs of this application.
Facts
A road accident occurred on 8th November 2012 involving a motor vehicle registration No. KBP 460W. One of the interested parties, Nelson Abel Onwong’a, died, and another sustained severe injuries. Two suits were filed in the Chief Magistrate's Court at Narok.
Issues
- Whether the interested parties have a stake in the outcome of the instant 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, and those by the interested parties are distinguishable.
Outcome
Dismissal of the application
Orders
- The application of the two interested parties is hereby dismissed in its entirety.
- The defendant will have the costs of this 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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