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JudgmentNATIONAL HEALTH INSURANCE FUND VS KAUSHAL G. PATEL1 min read

NATIONAL HEALTH INSURANCE FUND VS KAUSHAL G. PATEL

High Court at Kisumu High Court · · R. E. Aburili

1. I have considered the application dated 6th December, 2024 under certificate of urgency.
2. I do not certify it urgent.
3. I observe that the applicant is seeking leave to appeal because he inadvertently did not seek leave to appeal from the SCC ruling.
4. This court has no jurisdiction to exercise powers of the lower court as far as leave to appeal to this court is concerned, even assuming the provisions of section 75 of the Civil Procedure Act and Order 43 of the Civil procedure Rules apply to these proceedings. The applicant to read and understand the provisions of the Small Claims Court Act and exhaust the procedure provided for under that Act without invoking the jurisdiction of this Court prematurely.
5. The application dated 6th December, 2024 is struck out for being incompetently filed.
    NATIONAL HEALTH INSURANCE FUND VS KAUSHAL G. PATEL NATIONAL HEALTH INSURANCE FUND VS KAUSHAL G. PATEL