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John Peter Kamau Ruhangi v. Kenya Reinsurance Corporation

(2012) JELR 100789 (CA)

Court of Appeal  •  Civil Appeal 208 of 2006  •  20 Apr 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, David Kenani Maraga, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of Aluoch J (as she then was) delivered on 11th December 2003 in Nairobi HCCC No. 6813 of 1991. The brief facts of the case were that the Respondent was the financier of the purchase by the Appellant and at the same time the insurer of the residential house in Plainsview Estate in South B Nairobi known as Title No. Nairobi/Block 93/865 (the house). On or about 23rd December 1998, the house was completely destroyed by a fire started by the Appellant’s girlfriend whom he had jilted. Relying on a clause in the insurance policy, the Respondent refused to compensate the Appellant for the loss of the house whereupon the Appellant filed Nairobi HCCC No. 6813 of 1991 and claimed compensation. The Respondent counter-claimed for the balance of the mortgage sum. Aganyanya J (as he then was) heard the case and delivered his judgment on 11th December 2000. Being dissatisfied with part of that judgment, both parties evinced their intention…

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