<p class="ql-align-center">JUDGMENT</p><p>The appellant, an insurance company, had insured the respondent’s commercial vehicle, a Toyota Hilux pick up, for a maximum sum of 350,000/=. The related insurance policy which is in common form, provided that in case of damage to the pick-up that required to be repaired, the respondent would pay 10% of the cost of repairs. The policy, as is normal in such policies, also provided in clause 9 thereof, which is commonly referred to in the trade as an “all differences” clause, for the reference of all differences arising out of the policy to, in this case, two arbitrators appointed one each in writing, by the parties to the dispute. Clause 9 also goes on further to make the following important provision, that:</p><p>“and the making of an award shall be a condition precedent to any right of action against the company”.</p><p>Shortly after the policy came into effect, the respondent’s pick up was involved in an accident as a result of which, it was extensively damaged. The appellant agreed to ha…</p>