Madison Insurance Company Ltd (Now known as Madison General Insurance Kenya Ltd) v John Mwaura Irungu [2021] KEHC 5061 (KLR)
- Court
- High Court of Kenya
- Case number
- 5061
- Citation
- [2021] KEHC 5061 (KLR)
- Decided
- 21 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a lower court's declaration and stay of execution of decreesCoramKANYI KIMONDO
Holding
The motion for a stay of execution of the decrees is granted pending the determination of the consolidated appeals.
Facts
The appellant, Madison Insurance Company, was obligated to settle claims by a declaration under the Insurance (Motor Vehicle Third Party Risks) Act. The respondent, John Mwaura Irungu, received declarations that the appellant was obligated to settle his claims.
Issues
- Whether the appellant is obligated to settle the decree on behalf of its insured.
- Whether the motion for a stay of execution of the decrees is justified.
Reasoning
The court finds that the motion is timely and there is an arguable appeal regarding the appellant's obligation. The court grants the stay to avoid substantial loss to the appellant if the decrees are executed.
Outcome
Appeal granted, stay of execution of decrees granted.
Orders
- Stay of execution of the decrees pending the hearing and determination of the consolidated appeals.
- Appellant to deposit decretal sums into a joint interest earning account of both counsel within 30 days.
- Execution shall issue in default of condition (b).
- Appeal consolidated with Madison General Assurance Company Limited v Stanley Mwangi Mutura.
- Appellant to lodge records of appeal and present appeals to judge in chambers within 30 days.
- Costs to be determined in the appeal.
Remedies
- Stay of execution of the decrees pending the consolidated appeals.
Authorities cited
Legislation (1)
- Insurance (Motor Vehicle Third Party Risks) Act
Cases cited (5)
- Wilson v Church (No 2) 12 Ch. D [1879] 454 at 459
- Butt v Rent Restriction Tribunal [1982] KLR 417
- James Wangalwa & Another v Agnes Naliaka Cheseto, High Court, Bungoma, Misc. Appl. 42 of 2011 [2012] eKLR
- Kenya Shell v Benjamin Karuga [1982-88] 1 KLR 1018
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike & another, Court of Appeal, Nairobi, Civil Appeal No. 238 of 2005 [2006] eKLR
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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