Cic General Insurance Limited v Fredrick Otieno

JUDGMENT CIVIL SUIT NO. E003 OF 2021 ii. A declaration that it is not liable to make any payment under the aforesaid policy insurance number 10/070/1/173563/2017/01 in respect of any claim against the defendant herein arising out of the injuries sustained by the plaintiff in civil suit no E127 of 2020 Limuru Stephen Kiguru Kamau vs Fredrick Otieno & anor in the accident of 1 st January 2018 involving motor vehicle registration number KAJ362F iii. Costs of the suit. 2. The Defendant did not participate in the proceedings and the suit was set down for formal proof. The plaintiff adopted his witness statement, stated his claim and produced list of documents as his evidence in chief. PLAINTIFF’S SUBMISSIONS 3. Counsel filed written submissions and submitted that the Respondent was a private vehicle insurance policy holder with the Plaintiff paying a premium of Kshs.7,534/= for the period running from 18th January 2017 to 17th January 2018.The Defendant issued the Plaintiff with a cheque for payment but Page 2 of 5

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JUDGMENT CIVIL SUIT NO. E003 OF 2021 the cheque bounced forcing the plaintiff to terminate the Defendant’s insurance policy on 8 th February 2017 for nonpayment of premiums and the communication was sent to the Defendant through a policy cancellation on 14th February 2017. 4. Counsel submitted that the plaintiff is therefore not liable to repay the claim of 1st January 2018 involving Fredrick Otieno’s Motor Vehicle KAJ362F. ANALYSIS AND DETERMINATION 5. I have considered the plaintiff’s pleadings, witness statement and the documents in support of the suit. The issues for determination are Whether policy insurance number 10/070/1/173563/2017/01 was legally terminated and whether Plaintiff is liable to make any payment under the aforesaid policy insurance number 10/070/1/173563/2017/01 following accident involving the vehicle on 1st January 2018. 6. Despite the defendant having been served with summons to enter appearance and plaint, he did not file enter appearance or participate in the proceedings. 7. The plaintiff in an attempt to prove its case adduced the insurance document issued to the Defendant. According to the Page 3 of 5

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JUDGMENT CIVIL SUIT NO. E003 OF 2021 plaintiff, the Defendant approached the plaintiff and requested insurance cover in respect to Motor Vehicle KAJ362F. The plaintiff issued the Defendant with an insurance policy number 10/070/1/173563/2017/01 for the premium of kshs.7,534/=. 8. Pw1 testified that the Defendant issued a cheque to Plaintiff but the same bounced forcing the plaintiff to cancel and or terminate the insurance policy issued to the Defendant on 8 th February 2017, a copy of the cancellation letter has been adduced in court. The accident occurred on 1st January 2018, a time when the 9. insurance had already been terminated it. It therefore follows that the Plaintiff is not liable to compensate the Defendant for any claims arising from the accident involving Motor Vehicle KAJ 362F. 10. FINAL ORDERS: 1) I hereby declare that insurance policy number 10/070/1/173563/2017/01 was legally terminated on 8th February 2017. 2) I hereby declare that the plaintiff herein is not liable to make payment to Plaintiff in Civil Suit No. E127 of Page 4 of 5

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JUDGMENT CIVIL SUIT NO. E003 OF 2021 2020 Limuru Stephen Kiguru Kamau Vs Fredrick Otieno & Anor following the accident of 1st January 2018 involving Motor Vehicle registration number KAJ362F. 3) Costs to the Plaintiff. Judgment delivered, dated and signed virtually at Kabarnet This 30th day of March, 2023 …………….…………………… RACHEL NGETICH JUDGE In the presence of: Martin – Court Assistant Mr. Safari holding brief for Ms Kimachia for Plaintiff No appearance for Defendant. Page 5 of 5

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