Joseph Murigi v National Insurance Corporation (Uganda) [2005] KEHC 2189 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NAIROBICOMMERCIAL DIVISION, MILIMANICIVIL CASE NO. 71 OF 2005JOSEPH MURIGI……………………………………….PLAINTIFFVERSUS

NATIONAL INSURANCE CORPORATION

(UGANDA)………………………………………………….DEFENDANT

R U L I N G

The Plaintiff seeks by chamber summons dated 4th February, 2005 leave of court to effect service of summons to enter appearance and plaint upon the Defendant outside the jurisdiction of this court, more particularly at Kamplala in the Republic of Uganda. The application is brought under Order V, Rule 21 of the Civil Procedure Rules.

I have read the supporting affidavit sworn by the Plaintiff’s advocate, Mr. George Onyango Oloo. I have also perused the plaint and also the Treaty Establishing the Common Market for Eastern and Sourthern Africa (COMESA), particularly the Protocal on Third Party Motor Vehicle Insurance Scheme(Annex II of the Treaty) which is signed by both Kenya and Uganda, among other States. It would appear that the Defendant may be liable to settle the decree in Nakuru HCCC No. 504 of 1999 under the terms of the aforesaid protocal. The Defendant is described in the plaint as a registered company incorporated in Uganda.

The suit giving rise to the aforesaid decree was founded on tort committed in Kenya. The present suit is based on a contract (the aforesaid Treaty) which, by its terms, appears to be governed by Kenyan law, and thus comes within the provisions of Order V, Rule 21 (e) (iii) of the Civil Procedure Rules.

I will therefore grant the application and grant the leave sought in prayer No. 2 thereof. The Defendant may enter appearance within twenty-one (21) days after service upon it of summons to enter appearance. Costs in the cause. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 26TH DAY OF APRIL, 2005. H.P.G. WAWERU JUDGE DELIVERED THIS……………………DAY OF APRIL, 2005.