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Kimwa Holdings Limited v. Occidental Insurance Company Limited

(2018) JELR 99816 (CA)

Court of Appeal  •  Civil Appeal 124 of 2009  •  27 Apr 2018  •  Kenya

Mohammed Abdullahi Warsame, William Ouko, Agnes Kalekye Murgor



On 18th May 1999, the appellant, Kimwa Holdings Limited entered into a Hire Purchase agreement with CFC Bank Limited for the purchase of motor vehicle registration number KAL 922M. As security, the appellant provided its motor vehicle registration number KAE 299D which it stated was being utilized for the transportation of goods from Orbit Chemicals Limited in Kenya to Kasese Cobalt Company Limited in Uganda, while KAL 922M was to be utilized for transportation of the appellant’s goods.

It was a condition of the hire purchase agreement that the appellant would insure the motor vehicle with a reputable insurer and Occidental Insurance Company Limited, the respondent agreed to insure the two motor vehicles comprehensively under insurance policy number CON/08/19870/3 in the sum of Kshs. 8,800,000 for KAL 922M and Kshs. 4,000,000 for KAE 299D, respectively.

On 15th January 2000, whilst the policy was in place, armed robbers stole motor vehicle KAL 922M in the Ngara area…

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