[2025] KEHC 8818 (KLR)

[2025] KEHC 8818 (KLR)

The Appellant's application for review was not merited because the alleged change in earning capacity was based on facts (advance loan and property sale) that occurred months before the judgment and were within his knowledge at the time. He failed to present this information to the lower court before judgment, thus it does not qualify as discovery of new evidence or any other sufficient reason for review under the Civil Procedure Act and Rules. The lower court's refusal to review its judgment was therefore correct. Regarding the Notice to Show Cause, the Appellant was in arrears of Kshs.94,000 as of the relevant date, having failed to pay maintenance for several months and school fees for...

Citation
[2025] KEHC 8818 (KLR)
Parties
Appellant: ANN; Respondent: LNN
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 June 2025
Case Number
Civil Appeal E057 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
CJ Kendagor
Legal Topics
Child Maintenance, Custody of Minors, Review of Judgment, Parental Responsibility
Source Language
English
Family and Children Child Maintenance Custody of Minors Review of Judgment Parental Responsibility

Case Brief

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Parties

ANN

Appellant

LNN

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Appellant's application dated 12th February, 2024 seeking review of the judgment was merited.
  2. 2 Whether the Respondent's Notice to Show Cause application dated 22nd March, 2024 was merited.

Ratio Decidendi

The Appellant's application for review was not merited because the alleged change in earning capacity was based on facts (advance loan and property sale) that occurred months before the judgment and were within his knowledge at the time. He failed to present this information to the lower court before judgment, thus it does not qualify as discovery of new evidence or any other sufficient reason for review under the Civil Procedure Act and Rules. The lower court's refusal to review its judgment was therefore correct. Regarding the Notice to Show Cause, the Appellant was in arrears of Kshs.94,000 as of the relevant date, having failed to pay maintenance for several months and school fees for...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • No order as to costs, given the family nature of the dispute.