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United India Insurance Co Ltd v. East African Underwriters (Kenya) Ltd

(1985) JELR 95015 (CA)

Court of Appeal  •  Civil Appeal 36 of 1983  •  25 Feb 1985  •  Kenya

Coram
Alan Robin Winston Hancox, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL AT NAIROBI

(Coram: Madan, Kneller and Hancox JJA

CIVIL APPEAL NO. 36 OF 1983

Between

UNITED INDIA INSURANCE CO LTD............................................APPELLANT

AND

EAST AFRICAN UNDERWRITERS (KENYA) LTD..................RESPONDENT

(Appeal from the High Court at Nairobi, Platt J)

JUDGMENT

February 15, 1985, Madan JA delivered the following Judgment.

This appeal arises from two consolidated cases being Suit No. 4141 and No. 4142 of 1979 which were instituted in the High Court by the respondent (plaintiff) a limited liability company incorporated in Kenya. The first defendant in each case were the first two appellants the United India Insurance Company Limited, and the Oriental Fire and General Insurance Company Limited respectively. They are both incorporated in India; they are registered as two foreign companies under the Kenya Companies Act. They both carried on insurance business in Kenya.

The Kenindia Assurance Company Limited is a limited liability company incorp…

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