NIZAR VIRANI TRADING AS KISUMU BEACH RESORT V. PHOENIX OF EAST AFRICA ASSURANCE COMPANY LTD

JUDGMENT OF THE COURT

This dispute relates to a policy of insurance issued by M/S Phoenix of East Africa Assurance Co. Ltd. (hereinafter “the insurer”) to Nizar Virani (hereinafter “the insured”) to cover the business of Bar and Restaurant carried on by the insured in the name or style of Kisumu Beach Resort (1977) on LR No. 2642, East Kisumu, Kogony.

The insured went before the High Court in Kisumu on 5th July, 2000 and filed a suit claiming that he entered into an agreement with the insurer who issued a policy of insurance No. O1BG6330 on the 22nd day of January, 1999. The policy covered, inter alia, the risk of burglary on the business premises for a period of one year (renewable) at an annual premium of Sh.13,028/=. The sum insured was Sh.3,080,000/=. During the currency of the policy, the business premises were broken into on the night of 5th and 6th July, 1999 and various items he valued at Sh.736,550/= were stolen. The insured submitted his claim to the insurer but, to his conste…