Fidelity Shield Insurance Co. Limited v Njathi [2022] KEHC 12715 (KLR)

Fidelity Shield Insurance Co. Limited v Njathi (Civil Case E001 of 2021) [2022] KEHC 12715 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12715 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case E001 of 2021

MM Kasango, J

June 16, 2022

Between

Fidelity Shield Insurance Co. Limited

Appellant

and

Florence Nyambura Njathi

Respondent

Ruling

1. Fidelity Shield Insurance (the Insurance) filed this action seeking leave to file a declaratory suit against its insured Florence Nyambura Njathi (hereinafter Florence). The Insurance contends that it provided Florence after she filed the proposal form with a comprehensive insurance of the motor vehicle KBS 744Q. That the term of the policy cover was that the vehicle was to be used by Florence for purposes of the social, domestic and pleasure. That the said policy did not provide for the use of the subject vehicle for hire or reward. That Florence breached the terms and conditions of the policy cover, while she was involved in an accident with the subject vehicle on 28th September, 2019, along Kenyatta Highway in Nyeri County. The Insurance wishes to repudiate its liability to pay or indemnify Florence against claims resulting in the said accident.

2. An application was filed by Umazi Nyab Nyawa And Mariam Kambi Mwachala who are administratixes of the estate of Juma Kambi Mwachala deceased who died following the aforesaid accident. They seek to be joined in this action as interested parties.

3. What becomes very clear is that the subject accident which the Insurance seeks to repudiate liability occurred in Nyeri County. The rightful court that this Originating Summons (O.S.) should have been filed by the Insurance, is the High Court at Nyeri. That is the court with the geographical jurisdiction over this matter. This case will be transferred to that court and it is that court that shall determine the application by administratixes.

Disposition 4. The accident the subject to this action, having occurred in Nyeri County, this case is hereby transferred to High Court at Nyeri.

5. Orders accordingly.

RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant MouriceFor the Applicant:- Mr. Ndungu HB Mr. MutuaFor the Respondent:- Mr. KarokiFor the proposed interested party :- No. appearance.COURTRuling delivered virtually.MARY KASANGOJUDGE