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PRUDENTIAL ASSURANCE COMPANY OF KENYA LIMITED v. SUKHWINDER SINGH JUTLEY AND ANOTHER

(2007) JELR 96390 (CA)

Court of Appeal  •  Civil Appeal 23 of 2005  •  9 Feb 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal by PRUDENTIAL ASSURANCE COMPANY OF KENYA LIMITED, the appellant, against the judgment of the High Court of Kenya delivered on 31st May, 2002, whereby the appellant was ordered to pay SUKHWINDER SINGH JUTLEY, the respondent, the sum of Shs.2,142, 857/= together with interest thereon from the date of filing suit until payment in full. The respondent who was the plaintiff in the suit had claimed some Shs.10.5 million on the basis of a Personal Accident Insurance Policy issued by the appellant whose Proposal Form had been issued and completed in the offices of insurance brokers, FALCON INSURANCE AGENCIES LIMITED, the Third Party respondent herein, who was joined in the suit as a Third Party. The indemnity claim by the appellant against the Third Party respondent was, however, dismissed. The final decree was less the sum of Shs.215,415/70 which the appellant had already paid to the respondent after the suit had been filed but before its determination.…

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