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Daniel Maingi Muchiri v. Jubilee Insurance Company Limited

(2017) JELR 102910 (CA)

Court of Appeal  •  Civil Appeal 136 of 2016  •  15 Dec 2017  •  Kenya

Philip Nyamu Waki, William Ouko, Kathurima M'inoti



This dispute arising from a motor vehicle accident claim instituted by the appellant in 2003 remains unresolved many years later due to what is clearly an abuse of the court process. Applications have been brought in relays and successively in the subordinate court and the High Court on some of the most mundane issues, the determination of which have ended before this Court. Arising from some of those interlocutory orders made in the High Court at various stages in the proceedings, we had before us on a single day, 3rd October 2017, five appeals. The appeals were heard back to back, this judgment being our determination of one of them. We think we have sufficiently summarized the background to the dispute in Civil Appeal No. 138 of 2016, Daniel Maingi Muchiri v. Jubilee Insurance Company Limited, against decision of Sergon, J. For that reason no purpose will be served in rehashing them in this appeal which arises from the order of Onyancha, J. made on 3rd March, 2…

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