[2022] KEHC 16405 (KLR)
The court found that since the appellant had filed a notice of withdrawal of the appeal and the pending application for stay, it was unnecessary to determine the preliminary objection. The withdrawal rendered the substantive issues and objections moot, and the court accordingly marked the appeal as withdrawn with no...
Source-derived case information.
- Citation
- [2022] KEHC 16405 (KLR)
- Parties
- Appellant: AAR Insurance Kenya Limited; Respondent: Nathan Ngonjo Aurthur
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E742 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal of Appeal
- Outcome
- appeal withdrawn
- Judges
- JN Mulwa
- Legal Topics
- Withdrawal of Appeal, Preliminary Objection, Small Claims Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AAR Insurance Kenya Limited
Appellant
Nathan Ngonjo Aurthur
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed in limine for offending section 38 of the Small Claims Court Act No 2 of 2016.
- 2 Whether the withdrawal of the appeal renders the preliminary objection moot.
Ratio Decidendi
The court found that since the appellant had filed a notice of withdrawal of the appeal and the pending application for stay, it was unnecessary to determine the preliminary objection. The withdrawal rendered the substantive issues and objections moot, and the court accordingly marked the appeal as withdrawn with no orders as to costs.
Court Disposition
appeal withdrawn
Orders
- The appeal is withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
AAR Insurance Kenya Limited v Aurthur (Civil Appeal E742 of 2022) [2022] KEHC 16405 (KLR) (Civ) (15 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16405 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E742 of 2022
JN Mulwa, J
December 15, 2022
Between
AAR Insurance Kenya Limited
Appellant
and
Nathan Ngonjo Aurthur
Respondent
Ruling
1. This matter was coming up for ruling in respect of the respondent’s notice of preliminary objection dated October 14, 2022 which sought that the appeal be dismissed in limine for offending section 38 of the Small Claims Court Act No 2 of 2016. However, it has come to the court’s attention that the appellant has since filed a notice of withdrawal of the appeal and his pending application for stay pending appeal dated September 19, 2022 with no order as to costs.
2. In the premises, it became unnecessary to write the ruling as earlier scheduled. This appeal is therefore withdrawn with no orders as to costs.
3Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 15TH DAY OF DECEMBER 2022. JN MULWA JUDGE