JUDGMENT
This is a second appeal from the judgment of A. N. Ongeri, (who was then an Acting Principal Magistrate) delivered on 27th January 2006 in C.M.C.C. No. 10457 of 2002. In that case, the respondent, Insurance Experts (IC) Ltd, had sued the appellant, National Bank of Kenya Limited, for a sum of Kshs.530,000.00 in respect of excess insurance premium allegedly paid by the respondent to United Insurance Company Limited for and on behalf of Kenya Taxi Cab Association (the insured), who had been financed by the appellant to acquire a fleet of motor vehicles that had been used for commercial hire (taxis).
The appellant resisted the claim, saying that it is the insured that was responsible for settlement of all insurance premiums; that it was only a financier to the insured; that it had only consented to the respondent being engaged as an insurance broker for the insured; that any payments that the bank remitted to the respondent on account of insurance premiums was for and on behalf of…