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PETER ODIWUOR NGOGE T/A O. P. NGOGE & ASSOCIATES & DANIEL MAINGI MUCHIRI V. JUBILEE INSURANCE CO. OF KENYA LTD & MAJANJA LUSENO & CO. ADVOCATES

(2017) JELR 94099 (CA)

Court of Appeal  •  Civil Application 298 of 2015 (UR 255/2015)  •  17 Feb 2017  •  Kenya

Coram
Wanjiru Karanja Hannah Magondi Okwengu George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

1. This Ruling relates to the application by notice of motion dated 16th December, 2015 lodged in this Court on 17th December, 2015 by Peter Odiwuor Ngoge T/A O. P. Ngoge and Associates and Daniel Mwangi Muchiri, both of whom are hereinafter referred to as “the advocate” and “the applicant” respectively. The application also names Jubilee Insurance Co. of Kenya Ltd and Majanja Luseno and Company Advocates as the 1st and 2nd respondents respectively where they are hereinafter referred to as “the Insurer” and “the 2nd respondent” respectively. It shows that in October 2013, Daniel Maingi Muchiri (the applicant) sued Jubilee Insurance Company Ltd (the insurer) in the Chief Magistrate Court in Suit No. CMCC No.6553 of 2015 seeking an order that the insurer was liable to satisfy the judgment and decree of the Principal Magistrate court dated 23rd July, 2012 in Milimani CMCC No.369 of 2003 delivered in favour of the applicant against the two defendants therein named, to w…

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