Kenya Orient Insurance Limited v Mwangi & another (Suing as the Administrators of the Estate of Benson Waweru Mwangi - Deceased) [2025] KEHC 9099 (KLR) | Consent Judgment | Esheria

Kenya Orient Insurance Limited v Mwangi & another (Suing as the Administrators of the Estate of Benson Waweru Mwangi - Deceased) [2025] KEHC 9099 (KLR)

Full Case Text

Kenya Orient Insurance Limited v Mwangi & another (Suing as the Administrators of the Estate of Benson Waweru Mwangi - Deceased) (Civil Appeal E069 of 2024) [2025] KEHC 9099 (KLR) (6 May 2025) (Ruling)

Neutral citation: [2025] KEHC 9099 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E069 of 2024

DO Chepkwony, J

May 6, 2025

Between

Kenya Orient Insurance Limited

Appellant

and

Jane Wairu Mwangi

1st Respondent

Francis Mwangi Chege

2nd Respondent

Suing as the Administrators of the Estate of Benson Waweru Mwangi - Deceased

Ruling

1. This matter is mention for parties to confirm compliance of directions issued on 18th February, 2025.

2. However, upon listening to counsel for the parties, parties have negotiated and arrived at a Consent, which counsel for either party has sought that the same be adopted as an order of court. Thus:-By Consent, the Appeal be compromised as follows:-1. The Appellant shall pay the decretal amount of the maximum of Kshs.3,000,000/= being the statutory limit.2. The Appellant shall also pay Party and Party Costs amounting to Kshs.208,906/= as per the decree in E132 of 2023. 3.The decretal amount of Kshs.3,000,000/= shall be paid in four(4) monthly instalments as follows:-a.Kshs.750,000/= on the 9th May, 2025b.Kshs.750,000/= on the 9th June, 2025c.Kshs.750,000/= on the 9th July, 2025d.Kshs.750,000/= on the 9th August, 2025e.Kshs.750,000/= on the 9th September, 20254. The total amount being Kshs.3,208,906/= will be deposited into the following account;-Account Name: Patricks Law AssociatesAccount No. 0120273946441Branch: Tom Mboya Branch5. The Respondent shall be at liberty to execute for any default in paying any instalment.It is so ordered.

CONSENT ADOPTED, DATED AND SIGNED AT KIAMBU THIS 6TH DAY OF MAY, 2025. D. O. CHEPKWONY.JUDGEIn the presence of:Mr. Mutegi counsel for the AppellantM/S Nyanze counsel for the RespondentCourt Assistant - Martin