JUDGMENT OF THE COURT
[1] The genesis of this appeal is a suit which was filed by the appellant, Kenya Power and Lighting Company Limited, against the respondent, American Life Insurance Company Limited. In the suit, the appellant sought judgment against the respondent for Kshs.55 million, being outstanding claims it alleged the respondent wrongfully repudiated. The claims arose from a group personal accident insurance policy that the appellant had taken out with the respondent. The respondent filed a defence to the appellant’s claim maintaining that it properly repudiated the claims as the claims were not commenced within 12 months from the date of disclaimer of liability under the policy. By a chamber summons dated 23rd
June, 2004, the respondent sought to have the appellant’s suit struck out under Order 6 Rules 13 (1) (b) and (d) and 16 of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act. It was the respondent’s contention that the appellant’s suit was frivolous, …