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Kenya National Assurance Company (2001) Limited v. Uchumi Insurance Brokers Limited

(2017) JELR 100022 (CA)

Court of Appeal  •  Civil Appeal 192 of 2013  •  17 Feb 2017  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] The appellant, Kenya National Assurance Company (2001) Limited, is aggrieved by and has appealed against the ruling of the High Court at Nairobi (Nambuye, J., (as she then was), delivered on 20th May, 2009, dismissing its application for review of the learned Judge's earlier decision dated 7th March, 2008. By that decision, the learned Judge declined to discharge the appellant from all obligations to the respondent, Uchumi Insurance Brokers Limited. The appellant had alleged, before the learned Judge, that it had paid the decretal amount in full. The appellant had further sought release of 78,750 Kenya Commercial Bank shares which it had deposited in court as security for the due performance of the decree in favour of the respondent.

BACKGROUND

[2] The respondent sued the appellant in Nairobi HCCC No. 2148 of 1987, claiming unpaid commissions and the appellant, on its part, sued the respondent in Nairobi HCCC No. 1946 of 1987, for sums owed to it as premiums for…

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