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Nzoia Sugar Company Limited v. Capital Insurance Brokers Limited

(2014) JELR 93113 (CA)

Court of Appeal  •  Civil Appeal 86 of 2009  •  31 Jan 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is against the judgment of the High Court (G.B.M Kariuki J, as he then was) delivered on 31.5.06 by which the appellant was ordered to pay the respondent various sums of money including Ksh. 14,515,067.50 unpaid premiums and commissions plus interest thereon; Ksh. 5,906,375.95 being penalties and further penalties as may be demanded by the Commissioner of Insurance and Costs.

The memorandum of appeal filed on behalf of the appellant raises a number of complaints against that judgment that may be summarized as follows;

the commissions allegedly owed by the appellant were not proved

the respondent did not prove obligation and fact of having paid premiums on the appellant’s behalf

there was no proof that the respondent was obligated to and did pay penalties on the appellant’s behalf

the claims for premiums and penalties were premature speculative and anticipatory the respondent not having paid them

The claims were legally in the nature of special damages unprov…

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