Gateway Insurance Company v Anderson Nzaro Mwatete

REPUBLIC OF KENYA High Court at Malindi Miscellaneous Civil Application 37 of 2011 GATEWAY INSURANCE COMPANY................................................................................APPELLANT/PLAINTIFF VERSUS ANDERSON NZARO MWATETE.........................................................................................................DEFENDANT RULING The application made on 12th July, 2012 by the appellant is brought under the same provisions and factual basis as the appellants previous application filed on 14th September, 2011. I dismissed the said application on 5th July, 2012, on grounds inter alia that it did not come within the purview of Order 42 rule 6(2) especially with regard to a demonstration of likely substantial loss to be suffered by the appellant. Having gone through the affidavit in support of the present application and the submissions, I am unable to find that the material is any different; no substantial loss has been demonstrated by the appellant. I would adopt my ruling of 5th July, 2012 and therefore dismiss the instant applications. Again, I must state that it is irregular for counsel for the respondent, Wangari Mwangi to purport to swear an affidavit on behalf of the respondent. For this reason, I will not award costs to the respondent. Delivered and signed at Malindi this 7th day of November, 2012 in the presence of Ms. Njebiu for the appellant. Court clerk – Evans. C. W. Meoli JUDGE 7th November, 2012