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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT MOMBASA
CIVIL APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
WRITTEN SUBMISSIONS
1. The issues are whether the insurer and relevant policy were sufficiently identified, whether the insurer received statutory notification of the primary proceedings within the required window, and whether the proved decree remains unpaid. These issues arise from the pleaded declaratory claim and admitted record.
2. Order 2 rule 3 requires material facts rather than pleading every item of evidence. The policy identity argument must nevertheless be tied to the actual pleadings, vehicle identification and documents. The source decision does not authorise a claimant to omit known particulars deliberately.
3. On notice, compare the actual dispatch evidence with the stamped institution date. The reported court accepted corroborated postal notification on its facts. A drafted notice or undated demand cannot establish service, statutory timing or receipt without the corresponding evidence.
4. The monetary prayer must reconcile the primary KES 102,000 award with the later KES 171,150 figure and all payments. Interest must follow the applicable decree. The source 14% rate and 4 June 2021 start are particular orders, not a universal statutory tariff.
5. The Court is requested to allow the appeal on the proved record and specify the decree, interest and costs precisely. In the source, costs reasons and order 30(b) conflict; certified-record confirmation or appropriate clarification is required before enforcement of that disputed costs wording.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A pedestrian injured by a tuk-tuk at Aldina, Mikindani on 2 July 2019 obtained a default liability judgment and an award of KES 100,000 plus KES 2,000 special damages. A separate declaratory action against the insurer failed below on policy particulars and notification. The claimant appealed.
The appeal succeeded with an operative award of KES 171,150 and 14% interest from 4 June 2021. Paragraph 29 favours the appellant on costs but order 30(b) names the respondent. The authentic decree or clarification must resolve that contradiction; neither wording is silently corrected here.
Section 10 of the Insurance (Motor Vehicles Third Party Risks) Act governs the statutory action and notice. The court accepted the documentary identification and postal notification on this record. The source refers to primary judgment on 1 June 2021 but orders interest from 4 June; exact decree dates, accumulated costs and the policy must be verified. The rate is case-specific.
Read the original reported decision: [2025] KEHC 19447 (KLR) — 27 November 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Insurance (Motor Vehicle Third Party Risks) Act
Civil Procedure Rules — check current amendments and directions
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