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Jubilee Insurance Company of Kenya Ltd v. Zahir Habib Jiwan & Sangeeta Jiwan Alias Sangeeta Karwarlal Sabharwal

(2017) JELR 100507 (CA)

Court of Appeal  •  Civil Appeal 101 of 2016  •  2 Nov 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This is a first appeal against the decision of the High Court (Kasango, J.) wherein the respondents were granted special and general damages on account of loss of items deposited in the appellant’s safe deposit locker. As such, this Court’s primary role is namely, to re-evaluate, re-assess and re-analyze the evidence before the trial court and then determine whether the conclusions reached by the learned trial Judge are to stand or not and give reasons either way. In Kenya Ports Authority v. Kuston (Kenya) limited [2009] 2EA 212 this Court held that:-

“On a first appeal from the High Court, the Court of Appeal should reconsider the evidence, evaluate it itself and draw its own conclusions though it should always bear in mind that it has neither seen nor heard the witnesses and should make due allowance in that respect. Secondly, that the responsibility of the court is to rule on the evidence on record and not to introduce extraneous matters not dealt with by th…

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