JUDGMENT OF THE COURT
The appeal we are about to determine followed the judgment of the High Court (Ringera, J., as he then was) delivered on 4th May, 2004.
By the plaint dated 27th August, 1997, the appellant company prayed that the court do order the respondent insurance company to pay it Sh.6,776,471/= being a balance due on a domestic package insurance policy No.HH02/960022, running from 1st August, 1996 and 31st August, 1997, which the appellant had with the respondent over its property known as No.1884/111/M.N Jumba Ruins, Mtwapa, Kilifi, hereinafter the suit property. That property was burnt down on 21st August, 1996, during the period of insurance. The appellant pleaded that even as the loss suffered was assessed at Sh.12,800,000/= by the respondent, it only paid out Sh.6,023,529/= on 21st March, 1997 as due under the insurance policy and neglected or refused to pay the balance. Also claimed, but eventually abandoned, was a sum of Sh.2,400,000/= described as loss of rent when th…