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Corporate Insurance Company v. Loise Wanjiru Wachira

(1996) JELR 103076 (CA)

Court of Appeal  •  Civil Appeal 151 of 1995  •  5 Jan 1996  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Geoffrey Wachira Mahinda was the original plaintiff (the plaintiff) in this case. After his death during the pendency of the suit in the superior court, he was subsituted by his wife Loise Wanjiru Wachira (the respondent) as his legal representative.

The Plaintiff was the owner of a motor vehicle registration No. KVF 090 (the vehicle) in respect of which there was a comprehensive insurance policy issued by Corporate Insurance Company Ltd (the appellant) on 25th January 1986. Under this policy, the appellant agreed to indemnify the plaintiff against loss of or damage to the vehicle and injury to third parties. On 25th December, 1987, the plaintiff instructed his son to take the vehicle to a garage at Kiawara, in Nyeri, owned by Julius Ndegwa Gathuku, so that the exhaust which was said to be leaking, could be repaired. Gathuku assigned his apprentice welder, one Wilson Kinyua, to carry out the necessary repairs. Without the knowledge, consent or authority of Gathuku,…

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