Jubilee Insurance sued over lost items in its care

By WILLIS OKETCH

Mombasa, Kenya: Two traders in Mombasa  are seeking court orders to force an insurance company to compensate them for having lost jewellery and other items valued at about Sh12 million.

 The items were allegedly stolen from a safety deposit locker in the company’s bunker.

Pre-trial hearing for the unprecedented matter was concluded before Lady Justice Mary Kasango at the Mombasa High Court last month and the matter was mentioned in the same court on Friday.

Tasneem Abdeali Adamji and Zehra Abdeali Adamji are demanding compensation from Jubilee Insurance Company over claims it did not provide security for their jewellery, wrist watches and cash.

The applicants, who are represented by lawyer Eric Nyongesa, accuse the Jubilee Insurance of failing to provide security around the locker room where their safety deposit locker was vandalised by thieves on December 28, 2012.

LOST PROPERTY

The traders said they hired the safety deposit locker on September 26, 1996 when the company agreed to allow them use the safe at an annual rent of Sh11,600.

Mr Nyongesa accused the insurance company of failing to ensure nobody had access to the lockers, which led to the loss of his clients’ property.

He said since his clients were deprived of the said jewellery, it has caused them great inconveniences, loss and damages that must be compensated.

Jubilee Insurance Company is one of two companies in Mombasa  that offers such services in which a safety deposit locker is hired by an individual or individuals to keep their money and other valuables with access to them any time.

MORE LOSSES

Sources told The Standard  that it was not just the two traders who lost their valuables during the  incident at the Jubilee Insurance building.

A woman and her daughter, Zahir Habib Jiwan and Sangeeta Kiwan, are also victims and they, too, are suing the company for compensation.

Habib and Kiwan say they lost gold items, watches valued at Sh7,639,000 and cash from locker 513 A, which they had hired from the company.

The family members say they lost 1,000 US dollars, Sh,20,000 and watches and jewellery worth Sh7.6 million.

The safety deposit lockers are popular among Mombasa businessmen and women who find it more convenient to keep their millions and valuables there as opposed to keeping the same in banks.

The matter is being handled by the Central Police Station where the affected victims have reported the incidents.

Lady Justice Kasango has already done a pre-trial conference and agreed on matters to be settled by the court.

Among these include the legal nature of the relationship between the plaintiff and the defendants arising from hire of the safe deposit locker.

The court will also need to determine what the value of items placed  by the traders in the locker between December 28 and 31, 2012 was, and also the total values of the items in question.