Martin Kamakya v Resolution Insurance Company Ltd; Peter Ngumbi (Interested Party) [2021] KEHC 8920 (KLR)
- Court
- High Court of Kenya
- Case number
- 8920
- Citation
- [2021] KEHC 8920 (KLR)
- Decided
- 23 February 2021
The court allows the application for the Plaintiff/Applicant to be joined in the suit as an interested party, as necessary or interested parties.
Facts
The Plaintiff/Applicant paid for and took out third party insurance cover under policy Number P100/0708/2018 from the Defendant for his vehicle registration No. KCP 392X. The vehicle was involved in an accident where one Peter Ngumbi Mwalyo suffered injuries and filed suit in the lower court against the Plaintiff. The Defendant did not appoint a law firm to defend the Plaintiff in violation of the Plaintiff's rights.
Issues
- Whether the Defendant is obliged to pay the decretal sum awarded in the lower court under the insurance contract and relevant sections of the Insurance (Motor Vehicle Third Party Risks) Act Cap 405.
- Whether the Defendant's failure to pay the decretal sum warrants a stay of execution of the judgment and decree in the lower court's suit against the Plaintiff.
Reasoning
The court applies the principles from various cases to determine that the Plaintiff/Applicant has a stake in the proceedings and is necessary for the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Outcome
The court allows the application for the Plaintiff/Applicant to be joined in the suit as an interested party.
Orders
- The application for the Plaintiff/Applicant to be certified as urgent and heard exparte in the first instance.
- The application for a stay of execution of the judgment and decree of the Chief Magistrates court in Civil Suit No. 448/2019.
- The application for a stay of execution of the judgment and decree of the lower court in Civil suit No. 448 of 2019.
- The application for costs of this application to be provided for.
Authorities cited
Legislation (1)
- Insurance (Motor Vehicle Third Party Risks) Act Cap 405
Cases cited (5)
- Brek Sulum Hemed vs. Constituency Development Fund Board & Another [2014] eKLR
- Departed Asians Property Custodian Board –V- Jaffer Brothers Ltd Supreme Court of Uganda (1999) I.E.A 55
- Trusted Society of Human Rights Alliance –vs- Mumo Matemo & 5 Others (2014) eKLR
- Gateway Insurance Co. Ltd –v- Moses JaikaLuvai (2008) eKLR
- Fidelity Shield Insurance Company Limited vs. Joseph IhaWanja [2018] eKLR
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