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Willis Onditi Odhiambo v. Gateway Insurance Co Ltd

(2014) JELR 92888 (CA)

Court of Appeal  •  Civil Appeal 37 of 2013  •  9 Dec 2014  •  Kenya

Festus Azangalala, Sankale ole Kantai, James Otieno Odek



The appellant, Willis Onditi Odhiambo, sued Mr and Mrs Aoko in, Kisumu Chief magistrate's Court Civil Suit No. 55 of 1994 claiming general and special damages following a road traffic accident which occurred on 22nd December, 1992 along Nakuru-Kericho road near Kedowa. He succeeded and was awarded a total of Ksh.271,600/ in general and special damages plus costs and interest.

The decree which issued remained unexecuted for a prolonged period of time. The appellant then, filed Kisumu Chief Magistrate's Court Civil Suit No. 12 of 2009 against the respondent. In that suit, the appellant sought declaratory orders compelling the defendant to satisfy the decree pursuant to the said judgment in Kisumu Chief Magistrate's Court Civil Case No. 55 of 1994. Kisumu CMCC No. 12 of 2009 was eventually struck out for being statute barred under the Limitation of Actions Act.

The appellant was not done yet; he lodged an Originating Summons in Kisumu High Court Misc. Civil Application…

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