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Masari Distributors Limited v. UAP Provincial Insurance Company Limited

(2017) JELR 99217 (CA)

Court of Appeal  •  Civil Appeal 312 of 2013  •  24 Nov 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

In a plaint filed at the High Court of Kenya, Nairobi, the appellant Masari Distributors Limited, sued the respondent UAP Provincial Insurance Company Limited on a claim arising out of an insurance contract. It was claimed in the plaint amongst other things that the appellant and the respondent entered into an agreement where the respondent insured the appellant's motor vehicle registration mark KBC 170S (this was a truck) and a trailer ZC 8984 (both "the insured motor vehicle") for perils such as accident for the period 13th August, 2009 up to 12th August, 2009, (this latter year is obviously 2010), and was renewed for the following year and a premium paid. The sum insured for the insured motor vehicle was Kshs.7,900,000/=. It was further claimed in the plaint that on 10th August, 2010 at about 11:30 p.m. the insured motor vehicle was involved in an accident along Nairobi - Mai Mahiu road where the insured motor vehicle was so extensively damaged that it was decl…

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