JUDGMENT
JUDGEMENT OF TUIYOTT, JA
[1] The vexed question as to whether there is a nexus between Pan Africa Insurance Company Limited and APA Insurance Limited (APA or the respondent) refuses to go away.
[2] On 3rd April, 1999, Yunes Moraa Inchwara (the appellant) was a pillion passenger along Chetulu-Kamulemba road when motor vehicle registration KAC 943B knocked her down. She sustained bodily injury for which she sought compensation from one Prabhakar Bai Patel in Kisumu CMCC No. 47 of 2000 (the running down claim). She was successful and obtained judgment for Kshs. 123,000.00 in damages and costs of Kshs. 25,840.00
[3] The decree was unpaid and so she took out declaratory proceedings in Winam Civil Suit No. 19 of 2006 Yunes Moraa Inchwara vs APA Insurance Co. Ltd on the basis that APA was under an obligation, by dint of the provisions of section 10 of the Motor Vehicle (Third Party Risks) Act, Cap. 405, to satisfy the decree at hand. Part of the defence by APA was that it did not insure…