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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 this payment discharged the Respondent from any future liability arising from the judgment in question as the Applicants had signed a Discharge Voucher. 17.…

…It is agreed by all parties that on 2nd March 2023 the Respondent paid to the Applicants Advocate a Sum of Kshs. 3,067,485.10 which payment was acknowledged vide the Payment and Discharge Vouchers (Annexture MK’7’ to the…

…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.…

…voucher to that effect in 2016; the applicants had instituted a similar suit before this court vide HCC number E013 of 2022 (OS) which they withdrew; the applicant conspired with police officers from Kamukunji police station…

…Remittance The respondent argues and submits that he remitted the sum due to the deceased in 2016 and the deceased executed a discharge voucher to that effect.…

…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.…

…He avers that they forwarded cheques totalling to Kshs. 2,370, 502.50/= to the firm of M/s Sila Munyao & Company Advocates and the firm signed a discharge voucher confirming the matter settled as between the plaintiff and…

…the 1st Defendant, he attached copies of the cheques and discharge voucher.…

…That the applicant forged her signature in the Discharge Voucher issued by First Assurance. 6. That upon receipt of the settlement amount, the applicant disappeared until 21/6/2023.…

…The respondent produced the undated Discharge Voucher and a letter dated 22/6/2023 in support of her contestations. 7. The parties appeared and orally argued the application. Mr.…

…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.…

…That the applicant forged her signature in the Discharge Voucher issued by First Assurance. 6. That upon receipt of the settlement amount, the applicant disappeared until 21/6/2023.…

…The respondent produced the undated Discharge Voucher and a letter dated 22/6/2023 in support of her contestations. 7. The parties appeared and orally argued the application. Mr.…

…That the applicant forged her signature in the Discharge Voucher issued by First Assurance. 6. That upon receipt of the settlement amount, the applicant disappeared until 21/6/2023.…

…The respondent produced the undated Discharge Voucher and a letter dated 22/6/2023 in support of her contestations. 7. The parties appeared and orally argued the application. Mr.…

…Kiragu Kimani (SC) stated that on 19th February 2024, the Attorney General confirmed receipt of Kshs.26,868,445.35 for the Arbitral Award and requested for a signed discharge voucher from the applicant company’s Directors…

…He stated that the applicant’s Advocates neither responded to nor provided the signed discharge voucher.…

…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.…

…The respondent contended that the arbitral award remains unreleased due to the respondent’s failure to sign the discharge voucher, as required by the Attorney General’s letter of 19th February 2024.…

…It also retorted that the arbitral award remains unreleased due to the applicant’s failure to sign the discharge voucher, as required by the Attorney General’s letter of 19th February 2024.…

…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 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.…