[2000] KECA 408 (KLR)
The court allowed the withdrawal of the application to strike out the notice of appeal, as the applicant, upon reviewing the respondent's replying affidavit, found it proper to discontinue the application. The court exercised its discretion to permit the withdrawal and, in the circumstances, made no order as to...
Source-derived case information.
- Citation
- [2000] KECA 408 (KLR)
- Parties
- Applicant: Philip Mwaniki Wachira; Respondent: Blue Shield Insurance Co. Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 118 of 2000
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application withdrawn with no order as to costs.
- Legal Topics
- Withdrawal of Application, Notice of Appeal, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Mwaniki Wachira
Applicant
Blue Shield Insurance Co. Ltd
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the application to strike out the notice of appeal should proceed in light of the respondent's replying affidavit.
Ratio Decidendi
The court allowed the withdrawal of the application to strike out the notice of appeal, as the applicant, upon reviewing the respondent's replying affidavit, found it proper to discontinue the application. The court exercised its discretion to permit the withdrawal and, in the circumstances, made no order as to costs, reflecting the absence of contentious litigation on the merits at this stage.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEALAT NAIROBICORAM: SHAH, BOSIRE & O'KUBASU, JJ.A
CIVIL APPLICATION NO. NAI. 118 OF 2000
BETWEEN
PHILIP MWANIKI WACHIRA................................APPLICANT
AND
BLUE SHIELD INSURANCE CO. LTD........................RESPONDENT
(Application to strike out a notice of Appeal in an intended appeal from a judgment of the High court of Kenya at Nairobi (Mr. Justice Mbogholi Msagha, J) dated 6/5/2000 in
H.C.C.C. NO. 1799 OF 1991)
*******************RULING OF THE COURT Mr. Gitonga who appears for the applicant has, in ours view quite properly, applied to withdraw this application, in view of the contents of the replying affidavit filed on behalf of the respondent. This application is therefore marked as withdrawn with no order as to costs.
Dated and delivered at Nairobi this 28th day of September, 2000.
A.B. SHAH
................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................
JUDGE OF APPEAL
E. O'KUBASU
.................
JUDGE OF APPEAL I certify that this is
a true copy of the original.
DEPUTY REGISTRAR.