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Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased) v APA Insurance Limited (Civil Appeal 18 of 2018) [2022] KECA 601 (KLR) (27 May 2022) (Judgment)

Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased) v APA Insurance Limited (Civil Appeal 18 of 2018) [2022] KECA 601 (KLR) (27 May 2022) (Judgment)
Citation
Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased) v APA Insurance Limited [2022] KECA 601 (KLR)
Media Neutral Citation
[2022] KECA 601 (KLR)
Court
Court of Appeal
Court station
Court of Appeal at Kisumu
Outcome
Allowed
Case number
Civil Appeal 18 of 2018
Attorneys
Mr. Oduor,
Judges
PO Kiage, M Ngugi, F Tuiyott
Judgment date
27 May 2022
Language
English
Type
Judgment
Original source file
Download DOCX (18.0 KB)
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Date published
18 July 2022
Case action
Judgment
Filing county
Kisumu
Order
1.The appeal was allowed. 2.The judgment of the High Court dated 23rd November, 2017 set aside and the judgment of the trial court dated 14th April, 2011 in Winam SRMCC NO. 518 of 2006 is hereby affirmed. 3.Costs of this appeal and that in the High Court to the Appellant.
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1.When this matter came up for plenary hearing, the Court, at the instance of counsel for the parties, made the following order:“Learned Counsel appearing in this matter, namely, Mr. P.D. Onyango for the Appellant and Mr. Oduor for the Respondent, are agreed that the facts and issues in contention herein are essentially the same as those in contention in Civil Appeal No. 17 of 2018 that was canvassed yesterday. They agreed further and it is ordered by consent that the Judgement to be rendered in Civil Appeal No. 17 of 2018 to apply mutatis mutandis to this Appeal. Order accordingly.”
2.Kisumu Civil Appeal No. 17 of 2018 Yunes Moraa Inchwara vs APA Insurance Ltd.) has just been determined and applying the outcome of the judgment therein to this appeal, we order as follows: -(2.1)This appeal is allowed.(2.2)The judgment of the High Court dated 23rd November, 2017 is hereby set aside and the judgment of the trial court dated 14th April, 2011 in Winam SRMCC NO. 518 of 2006 is hereby affirmed.(2.3)Costs of this appeal and that in the High Court to the Appellant.
DATED AND DELIVERED AT KISUMU THIS 27TH DAY OF MAY, 2022.P. O. KIAGE................................JUDGE OF APPEALMUMBI NGUGI................................JUDGE OF APPEALF. TUIYOTT................................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR
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Date Case Court Judges Outcome Appeal outcome
27 May 2022 Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased) v APA Insurance Limited (Civil Appeal 18 of 2018) [2022] KECA 601 (KLR) (27 May 2022) (Judgment) This judgment Court of Appeal F Tuiyott, M Ngugi, PO Kiage  
23 November 2017 ↳ Civil Appeal No. 48 of 2011 High Court TW Cherere Allowed