[1998] KEHC 265 (KLR)
The court found that the petitioner was credible and her evidence on the need for maintenance was unchallenged by oral evidence from the respondent. The respondent's failure to attend court and support his affidavit weakened his position. The court, having considered both affidavits and the oral testimony,...
Source-derived case information.
- Citation
- [1998] KEHC 265 (KLR)
- Parties
- Applicant: Alice Wangeci Thuo; Respondent: Stanley Thuo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 106 of 1996
- Procedural Posture
- Divorce Cause / Ruling on Maintenance After Dissolution of Marriage
- Outcome
- maintenance awarded to petitioner; each party to bear own costs
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Maintenance Orders, Spousal Support, Affidavits of Means
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Wangeci Thuo
Applicant
Stanley Thuo
Respondent
Procedural Posture
Divorce Cause / Ruling on Maintenance After Dissolution of Marriage
Legal Issues
- 1 What amount of maintenance should the respondent pay to the petitioner after dissolution of marriage.
Ratio Decidendi
The court found that the petitioner was credible and her evidence on the need for maintenance was unchallenged by oral evidence from the respondent. The respondent's failure to attend court and support his affidavit weakened his position. The court, having considered both affidavits and the oral testimony, determined that the respondent should pay KES 25,000 per month as maintenance to the petitioner, effective from 1st January 1999. Each party was ordered to bear their own costs, and liberty to apply was granted.
Court Disposition
maintenance awarded to petitioner; each party to bear own costs
Orders
- The respondent shall pay to the petitioner a sum of KES 25,000 per month as maintenance, effective from 1st January 1999.
- There shall be liberty to apply.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI (MILIMANI LAW COURTS)
div cause 106 of 96[1]
ALICE WANGECI THUO...........................................PETITIONER
VERSUS
STANLEY THUO.........................................................RESPONDENT
R U L I N G
When the marriage between these two parties was dissolved, the issue of maintenance was deferred.
The said issue was pleaded in the petition which succeeded at the instance of the petitioner, what remained was not, whether the respondent should pay maintenance but rather how much should be paid.
Both parties subsequently filed affidavits of means. At first it appeared to be the word of one party against the other. Both parties were given an opportunity to attend court and support their respective affidavits by viva voce evidence. The petitioner came. The respondent did not. I have the evidence of the petitioner on record. Both learned counsel also have made their respective submissions. I have noted all that. I watched the demeanour of the petitioner. I believe she was telling the truth. I also know that justice must look at both sides. and so, I have also addressed the contents of the respondent’s affidavit. With all the material before me, I am able to order, which I hereby do, that the respondent shall pay to the petitioner a sum of kshs. 25,000/-(twenty five thousand) only per month as maintenance. This order shall take effect form 1st January, 1999. There shall be liberty to apply. Each party shall bear own costs. Orders accordingly.
Dated and delivered at Nairobi this 17th day of December,1998.
A. MBOGHOLI MSAGHA
JUDGE
Ms. Wahome for petitioner
Ms. Kamuyu for Kibatia for respondent