REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI

MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. E12752 OF 2021

JOSEPH NYAGA KANAMBIU....................................................PLAINTIFF/APPLICANT

-VERSUS-

XPLICO INSURANCE COMPANY LIMITED................DEFENDANT/RESPONDENT

GROUNDS OF OPPOSITION
TAKE NOTICE that the Defendant shall oppose the Plaintiff’s Notice of Motion
Application dated 24th June 2022 on the following grounds and on such further
grounds as may the raised at the hearing:

1. THAT the application is premature, incompetent and lacks in merit.

2. THAT the Affidavit sworn by the Plaintiff on 24th June 2022 in support of the
application offends the provisions of Order 19 Rule 3 of the Civil Procedure
Rules and should be struck out.

3. THAT the Defendant’s defence raises triable issues of law and fact of which the
Plaintiff has not placed evidence to rebut the Statement of Defence to wit:

a) The Plaintiff has not pleaded or placed on record admissible evidence to

prove the existence of a valid policy of insurance issued by the Defendant
with respect to motor vehicle registration No. KBG 165L.

b) The Plaintiff has not furnished any admissible evidence to show that the
Defendant was the insurer of the Defendants in MILIMANI CMCC NO.
2438 of 2020.

c) The Plaintiff has not placed any admissible evidence to prove the
existence of a policy of insurance issued by the Defendant extended to
cover the risks provided for under Section 5 (b) of the Insurance (Motor
Vehicle Third Party Risks) Act, Cap 405 Laws of Kenya.

d) The Plaintiff has not placed any evidence to prove service of the Statutory
Notice in accordance with Section 3(d) of the Insurance Motor Vehicle
Third Party Risks (Amendment) Act of 2013.

e) The Plaintiff has not placed any evidence to prove that the Defendant was
aware of the proceedings in MILIMANI CMCC NO. 2438 of 2020.

f) The Plaintiff has not placed any admissible evidence to show that the
Defendant is or was under an obligation to pay the decretal award in
MILIMANI CMCC NO. 2438 of 2020.
REASONS WHEREFORE the Defendant prays that the Plaintiff’s Notice of Motion
Application dated 24th June 2022 be dismissed with costs.

DATED at NAIROBI this 1st day of September 2022

MUGWE & CO.

ADVOCATES FOR THE DEFENDANT/RESPONDENT

DRAWN & FILED BY:

Mugwe & Co.
Advocates,
Westlands Commercial Centre, Block B,
1st Floor, Suite 7, Ring Road, Westlands,
P. O. Box 104166-00101, [REF: MW/XIC/348/2022]
NAIROBI.
Email: mugweadvocates@gmail.com

TO BE SERVED UPON:
Musili Mbiti & Associates
Advocates,
Kirkwood House, 1st Floor, Suite 1S,
Off Mbagathi Road,
P. O. Box 4394-00200 [REF: RM/4632/2019]
NAIROBI.