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Masumali Meghji Insurance Brokers Limited v. AAR Insurance Kenya Limited

(2019) JELR 99210 (CA)

Court of Appeal  •  Civil Application 105 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

[1] Masumali Meghji Insurance Brokers Limited was the defendant in Mombasa CMCCNo. 1139 of 2017 filed before the Chief Magistrate’s Court Mombasa, where it had been sued in a claim for a sum arising from a contract between it and the respondent herein (AAR Insurance Kenya Limited). Before the matter was set down for hearing the respondent filed an application urging the court to strike out the defence or to alternatively enter summary judgment against the appellant.

[2] The application was allowed and, in a Ruling, delivered on 18th May, 2018, the learned trial magistrate struck out the defence and entered judgment against the appellant. This prompted the appellant to move to the High Court on appeal and contemporaneously filed an application for stay of the Chief Magistrate’s orders dated 7th June, 2018.

[3] The High Court (Chepkwony, J.) after considering the application in question agreed with the trial magistrate’s finding that the respondent had proved through se…

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