ZAINABU ALI RUWA V. A.P.A. INSURANCE COMPANY LTD

RULING OF THE COURT

The notice of motion dated 26^th March, 2008 and lodged in the Court on 28^th March 2008 is stated to have been brought pursuant to the provisions of section 3(2) of the Appellate Jurisdiction Act and Rules 42, 45 (1) and 82 (a) of the Court’s Rules. In the motion, the applicant, Zainabu Ali Ruwa, seeks one basic order namely that:-

“... the Notice of Appeal dated 26^th day of July 2007 and filed in the superior court at Mombasa on 26^th day of July 2007 by Messrs. A.P.A. Insurance Co. Ltd against the entire ruling and consequential Orders of the Honourable Sergon, J. in Mombasa HCCS (sic) NO. 216 OF 2006 ZAINABU ALI RUWA v. A.P.A. INSURANCE CO. LTD, be and is hereby deemed to have been withdrawn with costs to the Applicant.”

Rule 82(1)(a) of the Court’s rules provides that:

“If a party who has lodged a notice of appeal fails to institute an appeal within the appointed time –

(a) he shall be deemed to have withdrawn his notice of appeal and shall, unless the Court otherwise…