[2016] KEHC 8098 (KLR)
The court found no merit in the respondent's opposition to the listing of the appeal for directions. Given that the matter concerns the welfare of children, it should be prioritized for hearing and disposal. The court further directed that the matter be placed before another judge for directions and hearing, as the...
Source-derived case information.
- Citation
- [2016] KEHC 8098 (KLR)
- Parties
- Appellant: B M M; Respondent: A M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 59 of 2014
- Procedural Posture
- Civil Appeal / Application for Listing for Directions
- Outcome
- Application allowed; matter to be listed for directions before another judge on priority basis.
- Judges
- DN Musyoka
- Legal Topics
- Child Welfare, Case Management, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B M M
Appellant
A M M
Respondent
Procedural Posture
Civil Appeal / Application for Listing for Directions
Legal Issues
- 1 Whether there is any valid basis to oppose the listing of the appeal for directions.
- 2 Whether the welfare of children requires the matter to be prioritized for hearing.
Ratio Decidendi
The court found no merit in the respondent's opposition to the listing of the appeal for directions. Given that the matter concerns the welfare of children, it should be prioritized for hearing and disposal. The court further directed that the matter be placed before another judge for directions and hearing, as the presiding judge had previously handled an interlocutory application in the same matter.
Court Disposition
Application allowed; matter to be listed for directions before another judge on priority basis.
Orders
- Deputy Registrar to give the matter a date for directions on priority.
- Matter to be placed before another judge in the Family Division for directions and hearing.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
CIVIL APPEAL NO. 59 OF 2014
B M M………….….……………….…….........................APPELLANT
VERSUS
A M M……………………………….............................RESPONDENT
RULING
1. The application dated 10th April 2015 is a straight forward case for the listing of the Appeal for directions.
2. It is opposed by the respondent, through an affidavit sworn on 17th April 2015.
3. I have read through the opposing affidavit, and I have not found any basis for the respondent’s opposition to the listing of the matter for directions. The matter should be cleared for final disposal on merits.
4. This matter touches on welfare of children, and I therefore direct the Deputy Registrar to have it given a date for directions on priority.
5. I have previously handled another interlocutory application on it; consequently I would prefer that the same is placed before another Judge in the Division for directions and eventual hearing.
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF SEPTEMBER, 2016.
W. MUSYOKA
JUDGE