STEPHEN GATHUA KIMANI V. NANCY WANJIRA WARUINGI T/A PROVIDENCE AUCTIONEERS

JUDGMENT OF THE COURT

This is an appeal from the decision of Mativo, J dated 19^th February, 2016 declining to review the judgment of Wakiaga, J dated 28^th November, 2014 on the basis that the grounds for review under Order 45 of the Civil Procedure Code had not been satisfied.

A brief background to this appeal is that Stephen Gathua Kimani (the appellant) was the owner of matatu registration number KUP 953. On 19^th December, 1998, the vehicle was involved in a road accident with another vehicle KAK 806 S belonging to Habib Bank Limited. At the material time, the vehicle was covered by United Insurance Co. Ltd. Habib Bank Limited filed a claim against the appellant in C.M.C.C. No. 9965 of 2000 and obtained judgment in its favour. The appellant forwarded the judgment to United Insurance Co. Ltd expecting the Insurer to settle the claim. Unfortunately, the Insurer failed to do so.

As it turns out the Insurer was undergoing troubles of its own as it was on the verge of collapse and was soon …