JUDGMENT OF THE COURT
This is an appeal from the judgment of the High court of Kenya at Nairobi (Bosire J as he then was) dated 5th October, 1995 in Civil Case No.2761 of 1983 in which Intra Africa Assurance co. Ltd (the appellant) sued Simon N. Njoroge (the first respondent).
The appellant is an insurer within the meaning of s.5 of Insurance (Motor Vehicles Third Party Risks) Act (Cap.405) of the Laws of Kenya (the Act). In pursuance of a proposal form signed by the 1st respondent and in reliance upon the truth of the representations contained therein and in consideration of the payment of Shs.400/= as the premium, on the 17th November, 1980 the appellant issued an insurance policy to the 1st respondent agreeing thereby that for one year namely from 31st October, 1980 to 30th October, 1981 it would indemnify the 1st respondent against liability to third parties in the event of an accident caused by or through or in connection with the 1st respondent's motor vehicle registration number …