KENINDIA ASSURANCE CO. LTD V. MONICA MORAA

JUDGMENT OF THE COURT

1. This appeal arises out of a judgment of the High Court delivered on 30^th September 2011 holding the appellant liable to pay the respondent Kshs.8,000,000.00 under a Burglary Insurance Policy.

Background

2. In a plaint filed in the High Court of Kenya at Kisii on 22^nd February 1999, the respondent sought judgment against the appellant for Kshs.8, 000,000.00 interest and costs. She pleaded that on the night of 23^rd/24^th December 1997, during the currency of a Burglary Insurance Policy issued to her by the appellant, her insured premises situate on plot number 274 Sare-Awendo were broken into and stock in trade worth Kshs.12, 450, 000.00 stolen. She averred that the appellant was liable under the insurance policy to the extent of the insured amount of Kshs.8, 000,000.00.

3. In its statement of defence, the appellant admitted that it issued the insurance policy in question but denied liability. It also denied that the respondent’s insured premises were burgled or that…