British American Insurance Company Limited v Lydia Nyambura Ruheni, Ruheni Gatugira & Daniel N. Ruheni [The Legal Representatives Of Johnson Ruheni (Deceased) [2002] KECA 254 (KLR)

IN THE COURT OF APPEAL

AT NAKURU

CORAM: GICHERU, SHAH & BOSIRE, JJ.A.

CIVIL APPEAL NO. 212 OF 1999

BETWEEN

BRITISH AMERICAN INSURANCE COMPANY LIMITED ............APPELLANT

AND

LYDIA NYAMBURA

RUHENI GATUGIRA

DANIEL N. RUHENI[The legal representatives ofJOHNSON RUHENI         (deceased)]........................................RESPONDENTS

(Appeal from a judgment & decree of the High Court of Kenya at Nakuru (Nambuye J) dated 9th May, 1994 in H.C.C.C. NO. 238 OF 1983) *************** RULING OF THE COURT

By consent Civil Appeal No. 212 of 1999, and Nakuru High Court Civil Case No. 238 of 1983, be and are hereby marked as settled in terms that British American Insurance Company Limited do pay the respondent Lydia Nyambura Ruheni, Ruheni Gatugira and Daniel N. Ruheni(the Administrators of the estate of Johnson Ruheni) KShs.200,000/= in full and final settlement of the appeal and the suit. The said sum to be paid out of the joint account held in the names of Kagucia & Company Advocates and Kaplan & Stratton Advocates, with Housing Finance Company of Kenya Limited, Rehani House, Nairobi. The balance of the sum held in that account be released to the appellant's advocates, Messrs Kaplan & Stratton forthwith. Each party to bear own costs both here and in the superior court.

Made at Nakuru this 21st day of February, 2002.

J. E. GICHERU --------------- JUDGE OF APPEAL

A. B. SHAH --------------- JUDGE OF APPEAL

S. E. O. BOSIRE --------------- JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR