The Monarch Insurance Company Ltd v Magrate Mutave Peter [2020] KEHC 9524 (KLR)

Facts

The Respondent filed a declaratory suit against the Appellant alleging that the Appellant was the insurer of a motor vehicle registration no. KSS 593, which the Respondent was a passenger in when the vehicle overturned due to negligence of the driver. The Respondent sought a declaration that the Appellant is bound to honor and/or satisfy the judgment in the primary suit and an order compelling the Appellant to pay the Respondent the sum of Kshs 179,246/= plus interests and costs.

Issues

1. Whether the Appellant's defence of mere denials of the existence of the primary suit was scandalous, frivolous, vexatious, and an abuse of the process of the court.
2. Whether the Appellant's application to strike out the Respondent's pleadings was justified.

Reasoning

The court found that the Respondent's pleadings raised a triable issue and that the Appellant's defence was not scandalous, frivolous, vexatious, or an abuse of the process of the court. The court allowed the application and ordered the suit to proceed.

Outcome

Appeal dismissed

Authorities cited