AAR Insurance Kenya Limited v Aurthur [2022] KEHC 16405 (KLR)

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 This appeal is therefore withdrawn with no orders as to costs.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