Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Application Sup No. 11 of 2017· [2019] KECA 95 (KLR)

Masari Distributors Limited v UAP Provincial Insurance Company Limited [2019] KECA 95 (KLR)

Court of Appeal
6 December 2019
1,829 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal refused to let an insurance dispute reach the Supreme Court, ruling that fact-specific disagreements do not qualify as matters of general public importance.

What this practically means

#

Executive summary

#
This was a Notice of Motion dated 8th December 2017 by Masari Distributors Limited seeking certification and leave to appeal to the Supreme Court under Article 163(4)(b) of the Constitution against the Court of Appeal's judgment (Kariuki, Sichale & Kantai, JJ.A) dated 24th November 2017 in Civil Appeal No. 312 of 2013. That judgment had dismissed the applicant's appeal against a High Court decision (Havelock J.) which found brake failure to be a mechanical defect exempted under the insurance policy, entitling UAP Provincial Insurance Company to repudiate liability. The applicant framed six questions of law concerning the interaction between standard motor policy cover for accidental collision or overturning and exceptions for mechanical or electrical breakdowns. The respondent opposed, contending the dispute was purely contractual, that the matters were determined questions of fact, and that no point of general public importance was demonstrated. The full bench (Karanja, Okwengu & Warsame, JJ.A) applied the Supreme Court's criteria in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone, holding that certification requires a substantial and important point of law bearing on the public interest, raised in the courts below. It found the issues before both superior courts were substantially factual, conclusively determined on the evidence, and specific to the parties. The place of exemption clauses in insurance contracts was held not to be a novel question of great public importance, and granting certification would defeat the sieving mechanism of Article 163(4)(b). The application was dismissed with costs to the respondent. No decision below was disturbed by this bench.

Key legal issues

#
01

Whether the intended appeal raises a matter of general public importance under Article 163(4)(b)

Holding

The application fails the certification threshold; the disputed issues were factual and specific to the parties, and the proposed points of law do not warrant the Supreme Court's intervention.

Reasoning

The court applied the Steyn criteria. The applicant's claim was anchored on contesting the concurrent finding that brake failure was a mechanical defect exempted under the policy. The circumstances and cause of the accident were evidentiary matters specific to the parties, and the question of the place of exemption clauses in insurance contracts did not present a novel question of great public importance or a contradiction in earlier decisions causing uncertainty.

p. 3
02

Whether the insurer's reliance on an exemption clause was satisfactorily established

Holding

The law recognises that an insurer may validly repudiate a policy on an exemption clause, provided the insurer proves the exemption applies - which was achieved in this case.

Reasoning

The court acknowledged that Kenyan law permits an insurer to legitimately void or repudiate a policy where an exemption applies, but the burden lies on the insurer to prove the exemption it relies upon. On the facts, the respondent had discharged that burden before the High Court and Court of Appeal, and no uncertainty in that legal position was demonstrated by the applicant.

p. 3

Legal principles established

#
  • A matter merits certification as one of general public importance where a substantial point of law is involved whose determination bears on the public interest, and that point of law must have been raised in the courts below.
  • It is not enough for a certification applicant to show that a difficult question of law arose; the question must be an important question of law whose clarification is for the common good.
  • Determinations of fact in contests between parties are not, by themselves, a basis for granting certification for an appeal to the Supreme Court.

Court orders

#
  1. 1.The application dated 8th December, 2017 seeking certification and leave to appeal to the Supreme Court is dismissed
  2. 2.Costs of the application awarded to the respondent

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 163(4)
  • Constitution of Kenya, 2010Article 163(4)(a)
  • Constitution of Kenya, 2010Article 163(4)(b)

Cases cited (1)

  • Hermanus Phillipus Steyn vs. Giovanni Gnecchi-Ruscone
    Supreme Court 2013 eKLR
On appeal from
Court of Appeal
Civil Appeal No. 312 of 2013
Jurisdiction invoked
Article 163(4)(b) of the Constitution of Kenya, 2010 - certification that a matter of general public importance is involved

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Masari Distributors Limited v UAP Provincial Insurance Company Limited [2019] KECA 95 (KLR)", Case Analysis (2019). Civil Application Sup No. 11 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/95/eng@2019-12-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.