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Chan v Xplico Insurance Co Ltd (Civil Suit 4242 of 2019) [2023] KEMC 141 (KLR) (12 May 2023) (Judgment)

[2023] KEMC 141 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
141
Citation
[2023] KEMC 141 (KLR)
Decided
12 May 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramADUKE JEAL PRAXADES ATIENO
Holding

The defendant is liable and ordered to pay the plaintiff the sums outlined in the judgment dated May 19, 2017 issued by Hon Murage -RM.

Facts

A road traffic accident occurred on June 29, 2014, in Nairobi. The plaintiff obtained a judgment against the insured, but the defendant has not satisfied the judgment.

Issues

  1. liability
  2. quantum

Reasoning

The court found the defendant liable based on the judgment of Hon M.W. Murage -RM and the Insurance (Motor Vehicle Third Party Risks) Act.

Outcome

Judgment in favor of the plaintiff

Orders

  • The defendant is ordered to pay the plaintiff the sums outlined in the judgment dated May 19, 2017 issued by Hon Murage -RM.
  • The defendant is ordered to pay the plaintiff the costs of the suit.
  • The defendant is ordered to pay the plaintiff interest on the amount awarded at court rates.

Remedies

  • The plaintiff is awarded costs in this suit and interest as outlined above from the date of this judgment until payment in full.
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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