JUDGMENT OF THE COURT
The appellant, Concord Insurance Company Limited (Concord) appeals from the judgment and decree of the superior court (Wambilyangah J) given on 27th June, 2000 wherein the learned Judge entered judgment against Concord for a total of Shs.1,683,500/= for breach of conditions in a commercial vehicle policy of insurance. The following brief facts were not in dispute.
The respondents are the legal representatives of Wellington Alinyo (insured) who died on 28th January, 1998 during the pendency of the suit. By a commercial vehicle policy No. CAN/99.156/GC dated 20th May, 1985, the deceased comprehensively insured his lorry Reg. No. KWD 081 Isuzu for a period from 15th May, 1985 to 14th May, 1986 against loss or damage. The insured’s estimated value of the lorry was Shs.410,000/=. By the terms of the policy, the annual premium was Shs.21,862/= and according to the endorsement on the policy, the insured was responsible for the first Shs.41,000/= as “excess” in respect of …