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Daniel Maingi Muchiri v. Jubilee Insurance Co. Ltd

(2020) JELR 102911 (CA)

Court of Appeal  •  Civil Appeal 269 of 2017  •  6 Nov 2020  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, Jamila Mohammed




1. Daniel Maingi Muchiri (the appellant) was the successful party before the Principal Magistrate’s Court in Civil Suit No 369 of 2003 in which he had sued Stephen Gichuru Njoroge and Julius Maina Warui for general and special damages for injuries that he suffered in a motor vehicle accident in January, 2000. The appellant was awarded general damages of Ksh. 550,000.00 and special damages of Ksh. 252,233.00 plus costs of the suit and interest. Stephen Gichuru Njoroge was the driver of the said motor vehicle (KAC 987D) while Julius Maina Warui was the owner and it was insured by Jubilee Insurance Company Limited (the respondent). After judgement was entered, the appellant filed Civil Suit No 6553 of 2013, being a declaratory suit against the respondent seeking inter alia a declaration that the respondent was liable to satisfy the decree in CMCC No. 369 of 2003. The appellant filed an application within CMCC No. 6553 of 2013 to strike out the respondent’s…

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