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Mohammed Ali Ahmed v. Blue Shield Insurance Limited

(2019) JELR 98996 (CA)

Court of Appeal  •  Civil Appeal 244 of 2003  •  8 Feb 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. By a policy of insurance issued on 30th August 1993 the appellant insured his motor vehicle registration number KAA 081, make Isuzu TFR 12 truck, with the respondent under a commercial vehicle policy (the policy) for the period 6th August 1993 to 5th August 1994.

2. On 7th May 1994, during the currency of the policy, the vehicle was involved in an accident along Ganyurey/Wajir road. The appellant lodged a claim with the respondent for indemnity under the policy. In the motor vehicle accident report form submitted to the respondent, the appellant’s driver stated that, “I was driving towards Hadado from Wajir town when I had front tyre burst, vehicle overturned and caught fire ”. The police abstract report relating to the accident captured that a report had been received at the police station involving the vehicle that was “shot by robbers, overturned and burned beyond repair .”

3. The respondent declined to indemnify the appellant and repudiated liability under th…

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