Search court decisions

…In the second issue, the Court is called upon to determine whether the Defendant lawfully repudiated liability under the insurance policy.…

…Vehicles Third Party Risks) Act unless the insurer has successfully obtained declaratory orders avoiding liability. 30.…

…There cannot be any sibling relationship as such between a limited liability company and a partnership firm.…

…In any event it is incorrect and a complete misdescription to describe a limited liability company as “a firm”.…

…The defendant further states that the plaintiff has no legal or other basis to disclaim liability in Mbita SRMCCC Nos. 25, 26, and 27 of 2022.…

…There are instances when an insurer can avoid liability as prescribed under Section 10(2) of the Insurance (Motor Vehicles Third Party Risks) Act.…

…A declaration that the Defendant has liability to honour the judgement of Honourable Justice J.K.…

…Section 10(2) provides a pre condition to an insurer’s liability under the Act.…

…Section 10(1) of the Insurance (Motor Vehicle Third Party Risks) Act, Cap 405 of the Laws of Kenya states that: “If, after a policy of insurance has been effected, judgment in respect of any such liability as is required…

…Provided that the sum payable under a judgment for a liability pursuant to this section shall not exceed the maximum percentage of the sum specified in section 5(b) prescribed in respect thereof in the Schedule.” 9.…

…488C under Policy Number 001/08711/1/002740209 with the Defendant covering such persons as are specified in the policy in respect of any accident or death by the use of the said motor vehicle, thereby any accident was a liability…

…On liability, Counsel for the Defendant submitted that Plaint as filed alleged several facts against the Defendant.…

…The Plaintiffs submitted on Liability and Quantum. As regards Liability the Plaintiff addressed the following issues:- i.) Who was the registered owner of the subject motor vehicle as at the time of the accident? ii.)…

…Based on the forgoing, who bears liability for the accident? 18.…

…and each one of them is liable to settle the full liability.…

…However, in a purely several liability each tortfeasor is only liable to settle the sum due to the tune of his liability.…

…The provisions of Section 10(4) of Cap 405, an insurer may avoid liability if policy conditions are breached, provided repudiation is communicated.…

…The insurer repudiated liability through letters dated 6th and 21st August 2020.…

…The Defendant prayed that the suit proceeds to full trial so that the Plaintiff’s evidence can be tested by way of cross examination before the court can make a conclusion on liability and quantum. 7.…

…The Plaintiff sought for orders that judgment be entered against the Defendant on admission of liability and that this court directs parties to proceed for assessment of damages.…

…Further, the policy excluded the plaintiff from liability for accidents caused by the defendant’s driver's own negligence, such as driving under the influence of alcohol. 4.…

…Section 10(1) reads as follows: "If after a policy of insurance has been effected, judgment in respect of any such liability as is required to be covered by a policy under paragraph(b) of section 5 (being a liability covered…

…The plaintiff further avers that it was an express and or implied term of the said policy cover that the insurance provided was a motor commercial third party only and it did not cover liability or risks in respect of the…

…It is further averred that the defendant was not insured or covered against any liability arising in respect of the death or bodily injury to passengers (s) being covered in or upon entering or getting into or alighting from…

…Provided that the sum payable under a judgment for a liability pursuant to this section shall not exceed the maximum percentage of the sum specified in Section 5 (b) prescribed in respect thereof in the Schedule. 14.…

…Their main issue is that they were being asked to cover liability exceeding Ksh. 3 million. This was answered will not what was being asked of them they were required to cover liability Kshs. 2,687, 765/=.…

…The learned Magistrate erred in law and in fact in finding that the defendants 100% liable in view of the evidence produced before the trial court especially the fact that the plaintiff failed to prove his case on liability…

…be summed up to the sole issue of liability’’.…

…The Plaintiff argues that this breach entitles it to disclaim liability for the claims arising from the accident.…

…Without such a judgment, the Plaintiff cannot seek a declaration to avoid or limit liability. The Defendant relies on the decisions in Kenindia Assurance Co.…

…KAY 868V vide policy No. 012/070/103219/2013/12 under which the insurer was obligated under CAP 405 of the Laws of Kenya to indemnify it against losses, liability and damages arising from use of the said vehicle. 17.…

…Ltd vs Patrick Charo Chiro [2021] eKLR the court held that for liability to accrue under section 10 of the Insurance (Motor Vehicle Third Party Risks) Act CAP 405, there is a 4-fold test to be met.…

…The policy was to cover liability for third party risks in respect of the Defendants motor vehicle Registration No. KBU 912 and Trailer No. ZE 3062.…

…E013 of 2022 The plaintiff filed this suit seeking to be exempted from any liability under the policy in respect of the said accident.…

…I will proceed to determine both liability and quantum. Liability 13. The Plaintiffs called three witnesses as set out above to support their case. The driver of the Defendant, who was driving motor vehicle trailer No.…

…A court of law in cannot also apportion liability to a party who is not enjoined to the suit. In Kenya Commercial Bank vs.…

…Liability is denied by the defendants who, however. did not turn up to testify in the matter.…

…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…