Some Impactful Reported Cases

Reported case record

A record of high value disputes handled across insurance, maritime, property, and employment law, showing the depth and diversity of matters the firm has taken on.

No.CaseSubjectValue

01 Ernst & Young LLP v Capital Markets Authority & another[2019] KECA 81 (KLR) · Court of Appeal The Capital Markets Authority pursued enforcement action against Ernst & Young over its role as reporting accountant for a listed company's rights issue; E&Y petitioned to halt the action, and the matter proceeded to the Court of Appeal. Value exceeding KShs 450M. KShs 450M

02 Loreto Convent Msongari School v Aon Minet Insurance Brokers & Pacis Insurance CompanyBusiness Daily coverage, May 2015 A three way liability dispute following a fatal 2011 school bus accident, over whether the school's insurance cover had been unilaterally reduced. Handled during Joseph Mwai's tenure as Head of Legal Claims at Pacis Insurance. KShs 200M

03 Toiyoi Investments Ltd v Uchumi Supermarket Ltd & another[2019] KEHC 4960 (KLR) · High Court A dispute over performance bonds and indemnity limits worth KShs 100M. KShs 100M

04 Duncan Nderitu Ndegwa v Kenya Pipeline Company Ltd & another[2013] KEHC 6408 (KLR) · High Court A trespass claim after adjacent development works damaged the claimant's land, rendering part of it unusable. Became a leading authority cited by later courts on measuring trespass damages. Worth KShs 75M. KShs 75M

05 Pacis Insurance Company Ltd v Outreach Community Centre[2016] KEHC 3706 (KLR) · High Court A dispute over an insurer's right to repudiate a motor claim where the insured vehicle was overloaded at the time of the accident. Worth KShs 70M. KShs 70M

06 Power Solutions Ltd v CMA CGM Kenya Ltd & 2 others[2020] KEHC 5724 (KLR) · High Court A cargo manifest and dangerous goods clearance dispute in the shipping industry, worth KShs 50M. KShs 50M

07 U.A.P Insurance Company Ltd v Mashwa Breweries Ltd[2017] KEHC 1414 (KLR) · High Court An insurance policy dispute worth KShs 17M. KShs 17M

08 Performance Bond Claim, Rift Valley Railways ConcessionMedia: allAfrica, 2018 · Nation Africa, 2017 A performance bond claim arising from the Rift Valley Railways rail concession spanning Kenya and Uganda, handled during Joseph Mwai's tenure as Head of Legal Claims at UAP. The underlying concession dispute between the principals escalated to international arbitration before the London Court of International Arbitration. USD 3M

09 Summit Cove Lines Co Ltd v UAP Insurance Company Ltd[2019] KEHC 1742 (KLR) · High Court An arbitration and marine insurance dispute worth KShs 12M. KShs 12M

10 UAP Insurance Company Ltd v Nancy Wakuthi Kago[2019] KEHC 6949 (KLR) · High Court A fatal road accident involving an insured commercial vehicle used to ferry passengers, where the insurer sought a declaration it was not liable to indemnify. Worth KShs 10M. KShs 10M

11 CMA-CGM Kenya Ltd v Diamond Gate General Trading LLC & 4 others[2019] KEHC 6944 (KLR) · High Court A maritime, shipping and logistics dispute worth USD 50,000. USD 50,000

12 Emily Atieno Opiyo & another v UAP Insurance Company Ltd[2019] KEELRC 1535 (KLR) · Employment & Labour Relations Court An employment and labour relations dispute worth KShs 5M. KShs 5M

13 Kamonjo Kiburi t/a Kamonjo Kiburi & Co Advocates v UAP Insurance Co Ltd[2019] KEHC 7106 (KLR) · High Court A dispute over the taxation of an advocate client bill of costs.

14 UAP Insurance Company Ltd v Canadian Baptist International[2019] KEHC 1260 (KLR) · High Court UAP sought a declaration that Canadian Baptist International did not hold an insurable interest in the motor vehicle at the centre of the claim. Civil Suit 32 of 2018, High Court at Machakos.

15 Michael Kadowe Karisa v African Safari Club (In Liquidation) & UAP Provincial Insurance Co. Ltd[2019] KEHC 10653 (KLR) · High Court, Mombasa The applicant sought leave to continue Mombasa CMCC No. 3574 of 2013 against a company placed in liquidation, with UAP Provincial Insurance joined as Interested Party, grounded on the Insolvency Act and Article 159 of the Constitution. KShs 7M

16 JOO & 2 others v Okutoyi & 2 others[2019] KEHC 10919 (KLR) · High Court A medical negligence claim over a hypoxic brain injury sustained during anaesthesia for a routine nasal fracture procedure. The anaesthetist and hospital were held jointly and severally liable and ordered to pay KShs 43,460,000 in general damages and KShs 1,071,080 in special damages to the plaintiff, plus KShs 1,000,000 each to his parents. The surgeon was not held liable, with costs awarded in her favour. Civil Case 25 of 2008. KShs 46.5M

Some Impactful Reported Cases

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