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CIC GENERAL INSURANCE GROUP LTD
V.
GERALD OCHOKI

(2020) JELR 103443 (CA)

Court of Appeal 7 Aug 2020 Kenya
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- The respondent, Gerald Ochoki alias Marube, obtained a judgment against James Mwangi Macharia (insured by CIC General Insurance Group Limited) for Kshs 9,548,757 following a road traffic accident and sought a declaratory judgment compelli

Case Details

Suit Number:Civil Appeal 126 of 2018
Judges:Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage
Location:Nakuru
Other Citations:CIC General Insurance Group Ltd v. Gerald Ochoki [20200] eKLR

JUDGMENT OF THE COURT

CIC General Insurance Group Limited (CIC) (the appellant herein) filed an appeal against the judgment of M. Muya, J delivered on 30th May, 2018.

A brief background to this appeal is that the Gerald Ochoki alias Marube (Gerald) (the respondent herein) filed a civil suit at the Chief Magistrate’s Court at Bomet (CMCC No. 61/2015) against James Mwangi Macharia (Macharia) for damages arising from a road traffic accident which occurred on 28th February, 2014. Judgment was entered in favour of Gerald on 4th July, 2016 for Kshs 9,548,757.00 following which Gerald filed a declaratory suit at the Principal Magistrate’s Court, Bomet being Civil Suit No. 98 of 2016 against the appellant (CIC) under the provisions of the Insurance (Motor Vehicles Third Party Risk) “Act” Chapter 405 of the Laws of Kenya (the Act) for a declaration that the appellant was bound to satisfy the judgment in Civil Suit No.61 of 2015. Judgment in Civil Suit No. 98 of 2016 was delivered on 27th March, …

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