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BENJAMIN ONKOBA NYAACHI & ANOTHER V. VICTORIA INSURANCE BROKERS

(2010) JELR 105594 (CA)

Court of Appeal  •  Civil Appeal 75 of 2004  •  5 Feb 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of Wambilyangah, J. dated 9th February, 2004. The story of the appellants concerning the facts giving rise to this appeal was that the appellants who traded under the business name of Kemera General Stores while admitting that vehicles KAC 135Y, KAC 842B, KAC 070Z, KAC 084Y, KAC 069Z and KAC 535Z belonged to them deny that they took insurance policies in respect of the vehicles using the respondent company as the broker whose assignment was to procure the policies from the insurers. On the other hand, the respondent company’s version of the story was that on various dates in 1994, the appellants instructed the respondent company to obtain for them certificates of insurance to cover the motor vehicles described above, and acting on the appellants’ instructions and on further condition that the appellants would pay requisite premiums and commission to the respondent company, the respondent procured on behalf of the appe…

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