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Court of AppealOtherCivil Appeal No. 212 of 1999
British American Insurance Company Limited v Lydia Nyambura Ruheni & 2 Others [2002] KECA 254 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#British American Insurance ended a long-running Kenyan court battle by paying a deceased man's family KShs 200,000, with each side bearing its own costs.
What this practically means
#Executive summary
#This ruling of the Court of Appeal at Nakuru, made on 21 February 2002 by Gicheru, Shah and Bosire, JJ.A., in Civil Appeal No. 212 of 1999, is a consent disposal rather than a decision on the merits. The appeal was brought by British American Insurance Company Limited against Lydia Nyambura Ruheni, Ruheni Gatugira and Daniel N. Ruheni, the legal representatives of Johnson Ruheni, deceased, described in the order as the Administrators of his estate. It lay from a judgment and decree of the High Court at Nakuru (Nambuye J) dated 9 May 1994 in H.C.C.C. No. 238 of 1983. No issue was framed or argued, no authority or statutory provision is cited, and no principle of law is laid down. By consent, the appeal and the underlying suit were marked as settled on terms that the insurer pays the three administrators KShs. 200,000 in full and final settlement of both the appeal and the suit. The sum is to be paid out of the joint account held by Kagucia & Company Advocates and Kaplan & Stratton Advocates with Housing Finance Company of Kenya Limited, Rehani House, Nairobi, and the balance in that account is to be released to the appellant's advocates, Messrs Kaplan & Stratton, forthwith. Each party was ordered to bear its own costs in the Court of Appeal and in the superior court. The High Court decree was neither affirmed, varied nor reversed; it was compromised together with the appeal. As a consent order the ruling binds the parties inter partes but creates no precedent binding lower courts. The certified copy's signature block is scrambled, so the judges' initials could not be reliably attributed and the coram listing was treated as authoritative.
Key legal issues
#Legal principles established
#Court orders
#- 1.By consent, Civil Appeal No. 212 of 1999 and Nakuru High Court Civil Case No. 238 of 1983 marked as settled in terms that British American Insurance Company Limited do pay the respondents (the Administrators of the estate of Johnson Ruheni) KShs.200,000/= in full and final settlement of the appeal and the suit.
- 2.The said sum of KShs.200,000/= to be paid out of the joint account held in the names of Kagucia & Company Advocates and Kaplan & Stratton Advocates with Housing Finance Company of Kenya Limited, Rehani House, Nairobi.
- 3.The balance of the sum held in that joint account to be released to the appellant's advocates, Messrs Kaplan & Stratton, forthwith.
- 4.Each party to bear own costs both here and in the superior court.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nakuru
- H.C.C.C. No. 238 of 1983
- Jurisdiction invoked
- Not stated in the ruling; the court exercised its appellate jurisdiction over the decree of the High Court of Kenya at Nakuru and no constitutional or statutory provision is cited.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
By consent Civil Appeal No. 212 of 1999, and Nakuru High Court Civil Case No. 238 of 1983, be and are hereby marked as settled in terms that British American Insurance Company Limited do pay the respondent Lydia Nyambura Ruheni, Ruheni Gatugira and Daniel N. Ruheni (the Administrators of the estate of Johnson Ruheni) KShs.200,000/= in full and final settlement of the appeal and the suit.
The said sum to be paid out of the joint account held in the names of Kagucia & Company Advocates and Kaplan & Stratton Advocates, with Housing Finance Company of Kenya Limited, Rehani House, Nairobi.
The balance of the sum held in that account be released to the appellant's advocates, Messrs Kaplan & Stratton forthwith.
Each party to bear own costs both here and in the superior court.
Issues in the judgment
#minor
The signature block of the certified copy is scrambled: the judges' initials and title lines are disjointed and one line reads only 'JUDGE' without 'OF APPEAL', so the initials could not be reliably attributed to each judge. The coram listing 'GICHERU, SHAH & BOSIRE, JJ.A.' was treated as the authoritative bench record and surnames only were used.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "British American Insurance Company Limited v Lydia Nyambura Ruheni & 2 Others [2002] KECA 254 (KLR)", Case Analysis (2002). Civil Appeal No. 212 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/254/eng@2002-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.