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Meshack Owino Onyango(Suing As Legal Representative Of The Estate Of Silas Ochieng Onyango (Deceased) v. Board Of Trustees, National Social Security Fund, Naftali O. Mogere, Tom Diju Owuor, Francis Atwoli, Esther C. Tum, Peter Kibati & Ambassodor Joshua K. Terer

(2015) JELR 99138 (CA)

Court of Appeal  •  Civil Appeal 87 of 2007  •  8 May 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, John Wycliffe Mwera

Judgement

JUDGMENT OF THE COURT

On 16th February, 2006 the High Court (Ransley, J.), delivered a judgment in which the present appellants, and one other Caroline Adhiambo Juma sued the respondents on behalf of the estate of the late Silas Ochieng Onyango by way of plaint instituted and filed on 3rd October, 2003. It was amended on 10th June, 2005 whereby the present appellant alone remained as the plaintiff Caroline Adhiambo having passed on. After describing the parties, it was pleaded that the deceased, Silas, was once an employee of the 1st respondent, the Board of Trustees, National Social Security Fund and a member of the Pension Scheme whose trustees were the 2nd to the 7th respondents. The deceased, it was averred further, was entitled to be insured by the 1st respondent’s Group Life Assurance Scheme with UAP Provincial Assurance Company Ltd. That each of the two schemes provided for benefits to accrue to the deceased and or his dependants in the event of his death – Sh.1,077.072/= and Sh…

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