JUDGMENT OF THE COURT
This is an appeal by Provincial Insurance Company of East Africa Limited now known as UAP Provincial Insurance Company Limited (hereinafter referred to as “the insurer”) from a judgment and decree of the superior court (Pall, J. as he then was) of 29th February, 1966 by which the insurer was ordered to pay to the respondent Mr. Lenny M. Kivuti (hereinafter referred to as “the insured”) a sum of shs.1,800,000/= plus interest and costs. The judgment was entered by the learned judge after hearing a summary judgment application brought before him under Order 35 rule 1 and Order 6 13(b) to (d) of the Civil Procedure Rules.
During the year 1992 a company known as Joy Import and Export Company Limited, imported into Kenya, one Mitsubishi Pajero Saloon purportedly for private use as per declaration made by the said company on 4th June, 1992.
On 27th October, 1992 the said company transferred the ownership of the said vehicle to the insured. The agreement shows that the insu…