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Masari Distributors Limited v. UAP Provincial Insurance Company Limited

(2019) JELR 99216 (CA)

Court of Appeal  •  Civil Application 11 of 2017  •  6 Dec 2019  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

By a Notice of Motion dated 8th December, 2017 the applicant seeks certification and leave to appeal to the Supreme Court against the decision of this Court in Civil Appeal No.312 of 2013. (Kariuki, Sichale and Kantai, JJ.A). The impugned decision dismissed the appeal against the judgment of the High Court (Havelock J.) which found brake failure to be a mechanical defect which was exempted by the insurance policy signed by the applicant and the respondent and which entitled the respondent to repudiate liability.

In upholding the High Court’s finding the Court of Appeal reiterated that the policy of insurance was not vague as it clearly provided that it would not cover loss arising from wear and tear, mechanical or electronic breakdowns. The accident in question occurred from the applicant’s motor vehicle suffering brake failure which was categorized as a mechanical failure.

Aggrieved by the judgment of this Court, the applicant wishes to proceed on appeal to the Sup…

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