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KANTI & CO LTD
V.
SOUTH BRITISH INSURANCE CO LTD

(1981) JELR 100258 (CA)

Court of Appeal 11 Mar 1981 Kenya
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- The plaintiff, a Kenyan company, sued the defendant insurance company in the High Court of Kenya to recover balance amounts for loss or damage to insured goods shipped from London to Nairobi. - The defendant, which had a place of business

Case Details

Suit Number:Civil Appeal 39 of 1980
Judges:Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter
Location:Nairobi
Other Citations:Kanti & Co Ltd v. South British Insurance Co Ltd [1981] eKLR

JUDGMENT

The appellant company, as the plaintiff, filed a suit against the respondent (defendant) in the High Court of Kenya for the recovery of Stg £ 8,412.65 or Kshs 131,573.84 being the amount of the balance of loss or damage to a consignment of five thousand cartons of hurricane lantern glass globes. The said goods were insured by the defendant at its London office against such loss or damage during their carriage by sea from London to Nairobi via Mombasa. The goods were insured by the defendant under its certificate of Insurance No 3565 issued under a policy of Insurance No 74/13459, made in consideration of the premium paid to it by the plaintiff. The defendant made part payment of Stg £ 10,000 of the loss or damage leaving the balance of Kshs 131,573.84 outstanding claimed by the plaintiff in the suit.

The summons and plaint was served at the defendant’s Kenya office in Nairobi upon Mr. J A Christie a person resident in Kenya authorized to accept service on behalf of the company …

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