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African Merchant Assurance Company v. Kenya Power & Lighting Company Limited

(2019) JELR 105558 (SC)

Supreme Court  •  Civil Application 37 of 2018  •  30 Apr 2019  •  Kenya

Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu




[1] The Application before this Court is dated 12th December, 2018 and lodged on 21st December, 2018. The applicant seeks to challenge the decision of the Court of Appeal (Visram, Karanja, Koome JJ.A) sitting at Malindi, disallowing its application for certification for leave to appeal to the Supreme Court pursuant to Article 163(4)(b) of the Constitution. The applicant now seeks review of the learned Judges’ Ruling and Orders of 6th December, 2018.


(i) In the High Court

[2] The genesis of the suit before the trial Court was a fire incident at Kibaoni area in Malindi, where several properties were damaged. The applicant, being the insurer of the burnt properties, conducted investigations to identify the cause of the fire and thus the party responsible for the damage. Its investigations revealed that the fire was caused by a faulty electrical pole and that the respondent, was legally responsible for the fire. Relying on this finding,…

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