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JudgmentCity Star Shuttle Limited VS Xplico Insurance Company Limited AND Insurance Regulatory Authority1 min read

City Star Shuttle Limited VS Xplico Insurance Company Limited AND Insurance Regulatory Authority

High Court at Milimani High Court · · D. S. Majanja

The Plaintiff in its application dated 22.02.2023 seeks an order of stay of execution of a decree issued in Milimani CMCC No. 3014 of 2019, Damaris Muthoki Onduso v City Star Shuttle Limited on account of failure of its insurer, the 1st Defendant, to indemnify it against the claim. I am constrained to dismiss the application on two grounds. First, the decree holder who is directly affected by the proposed order of stay is not a party to this suit hence the court cannot condemn her unheard. Second, the said decree holder in that suit is not privy to the relationship between the judgment-creditor, who is the Plaintiff herein, and its insurer. The Plaintiff cannot implead it relationship with its insurer to avoid a lawful decree issued in a separate suit.

The application is accordingly dismissed but with no order as to costs.

DATED and DELIVERED at NAIROBI this 2nd day of MARCH 2023

D. S. MAJANJA

JUDGE