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Proving drilling machine fire loss against a mechanical breakdown exclusion — Nairobi Case and Document Guide

Decision analysed: Patrick Omondi Lukiri t/a Triluk Drilling Limited v Jubilee Insurance Company Limited — [2020] eKLR — HCCC 447 of 2016 — 23 January 2020

Court: High Court at Nairobi Milimani Commercial and Tax Division

The dispute

A borehole operator insured a drilling machine for KSh 8 million for May 2015–May 2016 and alleged a fire during a March 2016 drilling job in Busia. The insurer relied on a mechanical breakdown exclusion. Neither assessor witnessed the event; their later inspections and dealer accounts conflicted. The insured did not call the identified site workers or produce the drilling contract. Maintenance records showed earlier overheating. Claims included KSh 8 million, KSh 23,200 and KSh 38,182,620 business loss.

What the Court decided

The High Court dismissed the suit with costs for failure to prove the insured loss. The Court of Appeal upheld that result on 31 July 2026 in Lukiri t/a Triluk Drilling Ltd v Jubilee Insurance Ltd [2026] KECA 1614. Conflicting expert reports were assessed with the whole factual record; an expert opinion did not fill the missing eyewitness and site-contract proof. None of the claimed sums was awarded.

What this decision does and does not establish

Evidence Act sections 107 and 109 govern the claimant’s initial proof; section 48 concerns expert opinion. An insurer relying on an exclusion must establish its application once the insured makes the required prima facie case. A policy exception for external consequential damage must be read with the exclusion, but neither clause removes the need to prove the incident and causal loss. The source trial was in Nairobi although the incident was in Busia. Establish territorial and monetary jurisdiction in a new suit.

Choose a document for the procedural task

Plaint for Drilling Machine Fire Indemnity and Particularized Business Loss

Complete parties, service details, jurisdiction, limitation, related proceedings, material facts, particulars and exact prayers. Check Orders 3 and 4 and the required verifying affidavit, witness statements, document list and copies. Special damages need specific pleading and proof; fraud needs particularization under Order 2 rule 10. This core specimen is not the whole filing pack. Court fee, summons and service must be completed under current directions.

Insurer Defence Relying on Mechanical Breakdown and Insufficient Fire Evidence

Answer each plaint allegation with precise admissions, denials and the actual defence. Check summons, appearance, defence deadlines, witnesses and documents, and any court directions. Plead exclusions, fraud and other material matters with the required particulars. Disputed facts are not a pure preliminary objection. Do not claim missing records exist or treat an unsuccessful historical position as settled law.

Insured Owner Witness Statement Disclosing Absence from the Fire Scene

Use the witness own first-person account, distinguish observed events from information supplied by others and give sequential bundle-page references. ELRC rules 7 and 35 govern witness statements; additional statements require the applicable leave. In civil suits follow the case directions and required witness pack. A statement is not a substitute for expert evidence and remains subject to adoption, document production and cross-examination.

List of Documents and Witnesses for Machinery Fire Causation

This schedule supports a pleaded issue; it is not a new originating process or proof by itself. Give dates, authors, document pages, authenticating witnesses and transparent calculations. Label missing or disputed evidence accurately. Current costs and rates need current proof. Obtain leave or directions for supplementary material where required, serve it and avoid duplicate recovery of paid heads.

Submissions on Conflicting Expert Reports and the Insured Initial Burden

Identify the issue, pleaded position, admitted evidence and bundle pages. Submissions do not introduce new facts or exhibits. Follow current directions on filing, length, authorities and service. Distinguish a requested amount from the actual award, a losing historical argument from the holding and a liability finding from proof of every damages head.

Primary source and reconstruction

Read the original judgment: [2020] eKLR — HCCC 447 of 2016

The judicial text reproduced on SheriaHub was read, including the reasons and final orders. This is a reconstruction from the reported decision, not a copy of a signed court filing. Where publication metadata and the judgment differ, the judgment controls. Check later appeals and the applicable version of procedural rules before relying on the case.

These documents are newly drafted educational reconstructions, not original filed pleadings or matters handled by our team. The original decision may identify participants; the specimens replace identifying details with bracketed fields. Losing positions remain marked unsuccessful. An advocate must adapt jurisdiction, evidence, prayers and procedure to the actual case.

Related primary ruling or appeal