Britam General Insurance Co (K) Limited v Mwaniki (Civil Appeal E353 of 2023) [2025] KEHC 6171 (KLR) (10 April 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6171
- Citation
- [2025] KEHC 6171 (KLR)
- Decided
- 10 April 2025
Summary at a glance
TypeCivil AppealPostureAppeal from the Ruling of Hon. P. M. Mugure (PM) delivered on 6th September, 2023 in Limuru MCCC No. E042 of 2023CoramDO CHEPKWONY
The court held that the trial court erred in its ruling and holding that it had jurisdiction to issue declaratory orders.
Facts
The Respondent filed a suit against the Appellant seeking a declaration that the Appellant is under legal obligation to settle the decretal sum in Civil suit No. 163 of 2019 and other damages, and costs and interest. The Appellant raised a preliminary objection that the suit was not founded on any provisions of law.
Issues
- Whether the trial court erred in its ruling and holding that it had jurisdiction to issue declaratory orders
- Whether the claim was for material damage covered by the Insurance (Motor Vehicle Third Party Risks) Act
Reasoning
The court found that the claim was not for material damage covered by the Insurance (Motor Vehicle Third Party Risks) Act.
Outcome
Appeal dismissed with costs to the Respondents
Authorities cited
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