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…On the first issue, the Appellant submitted that the subject motorcycle was insured in his name, as evidenced by the insurance documents, including the discharge voucher and the loss/discharge voucher, both dated 6th March…

…An insurance contract existed which led to the 2nd Respondent indemnifying the 1st Respondent through discharge voucher dated 6th March, 2023.…

…That pursuant to the settlement, the plaintiff/applicant executed a discharge voucher in favour of the defendant/respondent and his insurance company which document is annexed to the application.…

…In this suit, a discharge voucher was issued by Stallion Insurance Co Ltd which is not a party to this suit.…

…On 3-05-2018, the appellant issued the respondent with a discharge voucher for Kshs 3,050,000.00 which the respondent signed but the appellant failed to pay the amount until 12-11-2018.…

…It is not in dispute that the appellant issued a discharge voucher to the respondent on 3-05-2018.…

…voucher that the appellant had executed; and failing to consider the evidence that the appellant had tendered at the trial. 5.…

…The appellant argued that the respondent sent to it a discharge voucher for Kshs. 904,000.00, which it filled and returned, but the same was never paid.…

…That there was evidence produced by the Appellant proving settlement of Ksh.1,000,000/- to the Estate of Stephen Munyao and a discharge voucher issued and executed thereto. iii).…

…Advocates addressed to the Appellant. - Discharge voucher for Ksh.1,000,000/- executed by Juliana Wayua Mutisya. - Copy of instruction note. 33.…

…The defendant agreed to settle the plaintiff claim which settlement is witnessed by discharge voucher dated the 26th February, 1985.…

…The sending of a completed discharge voucher to the plaintiff was plainly an offer. His signing and returning the same was clearly an acceptance. The parties had to all outward appearances settle the claim.…

…Finally Page 25 is a discharge voucher made to Abdul Kahiya Noor Maalim/Ali Cars from the insurance company for Kshs. 4,418,400/- for loss from an accident involving motor vehicle KCP 320T.…

…The learned trial magistrate rejected this discharge voucher on grounds that there was no authorization from the plaintiff to Ali Cars Limited.…

…In the present case, the appellants submit strongly that this suit was negotiated and settled out of court and that the respondent was aware of the same and she signed a discharge and indemnity voucher.…

…That she acknowledged that the signature appearing on the discharge and indemnity voucher bearing her name as hers.…

…On authorization by the insurance DHL Excel Supply Chain Kenya Limited, CW3, stated he was issued with a discharge voucher of a total amount of Ksh.210,000 for the loss herein. 8.…

…Thereafter, CW4 stated, they issued Catherine Susan Atieno Okoth an authorization by their insured, the appellant a discharge voucher of a total of Ksh.210,000.…

…Maurine Wangari , from Britam Insurance Co Ltd who presented the exhibits 1-12 in support of the material damages claim by the Plaint to support the claim for the damages, repairs, invoices and discharge voucher payments…

…The Plaintiff through PW1 and PW4 produced documents including the assessment reports, invoices and discharge vouchers for the payments done to compensate the Plaintiff.…

…The insurers must be aware that a discharge voucher duly signed by the claimant giving full discharge to the insurer and the insured protects the insurers.…

…The Appellant executed a Motor Vehicle Discharge Voucher dated 20th February 2020, accepting Kshs. 4,110,840.00 as full and final settlement for the theft. 11.…

…The insurer's letters of 20th February 2020 — both the confirmation of the theft and the Discharge Voucher — were addressed to the Appellant as the insured.…

…The evidence that the 2 nd respondent surrendered the m/v to the appellant pursuant to which a discharge voucher was issued and signed by the appellant and 2 nd respondent was equally unchallenged.…

…The Appellant, however, refused to sign the discharge voucher for this balance upon realization that the amount would not clear his entire debt.…

…Because that sum was legally due to payment to the 1 st respondent by the 2 nd respondent as of 7.5.2018, when the discharge voucher was prepared, it is only fair and just that interest on that portion of the debt be paid…

…claim and further stated that it only entered into a contract of insurance with one Elijah Owino Ngage through Sony Sugar Company Staff Scheme and subsequently fully compensated him for theft of the said vehicle with a discharge…

…voucher dated 24.3.2020 executed by the insured. 5.…

…other third party could not be deemed to be a settlement or satisfaction of the Respondent’s claim for the total loss of his insured motor vehicle, considering also that the Appellant had failed to issue to him the usual discharge…

…voucher, normally issued by Insurers for execution by an Insured before settlement of claims.…

…Advocates , and the corresponding discharge voucher evidencing settlement of the decretal sum. The parties in Nairobi Small Claims Court Case No.…

…In re-examination, he insisted that the 3rd Party was paid after the vehicle was declared a total loss and this is proved by the Discharge Voucher on record, but that the 3rd Party still kept the sticker and also retained…

…In cross-examination, he confirmed that the first accident occurred in January 2014 upon which the vehicle was written-off as a result, and that he was compensated by Real Insurance and he signed a Discharge Voucher.…

…Sanlam even went so far as to request a discharge voucher from Intra Africa in an effort to push for a settlement, again to no avail.…