[2015] KECA 53 (KLR)
The Court of Appeal, noting that the substantive appeal was scheduled for hearing on the same day, accepted the parties' agreement to withdraw the stay application on terms. The applicant would continue to have custody of the minor pending the determination of the appeal, while the respondent would have access...
Source-derived case information.
- Citation
- [2015] KECA 53 (KLR)
- Parties
- Applicant: David Okomo Odindo; Respondent: Judith Auma Ojuki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 9 of 2015
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application marked as withdrawn by consent; interim custody and access orders issued.
- Judges
- DK Musinga, AK Murgor
- Legal Topics
- Child Custody, Stay of Execution, Access Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Okomo Odindo
Applicant
Judith Auma Ojuki
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution should be granted pending the hearing and determination of the appeal.
- 2 What interim custody and access arrangements are appropriate pending appeal.
Ratio Decidendi
The Court of Appeal, noting that the substantive appeal was scheduled for hearing on the same day, accepted the parties' agreement to withdraw the stay application on terms. The applicant would continue to have custody of the minor pending the determination of the appeal, while the respondent would have access during school holidays. This arrangement preserves the status quo and serves the best interests of the child until the appeal is resolved. The costs of the application were ordered to be costs in the appeal.
Court Disposition
Application marked as withdrawn by consent; interim custody and access orders issued.
Orders
- The application dated 18/3/2015 is marked as withdrawn.
- The applicant shall continue having custody of the minor pending determination of the appeal.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MUSINGA, GATEMBU & MURGOR JJ.A)
CIVIL APPLICATION NO. 9 OF 2015 (UR 7/15)
BETWEEN
DAVID OKOMO ODINDO.................................................APPLICANT
AND
JUDITH AUMA OJUKI.................................................RESPONDENT
(An application for stay of execution of the Judgment and Decree of the High Court of Kenya at Kisumu (Hon. Justice E. N. Maina, J.) dated 19th February, 2015
in
H.C.C.A. NO. 47 OF 2013)
*********************
ORDER OF THE COURT
The substantive appeal between the parties is scheduled for hearing today. In the circumstances the parties have agreed and we order that the application dated 18/3/2015 is marked as withdrawn on terms that the applicant shall continue having custody of the minor pending determination of the appeal. The Respondent shall have access to the minor during the school holidays.
The costs of the application shall be costs in the appeal.
Dated at Kisumu this 1st day of July, 2015.
D. K. MUSINGA
……………………..
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
...................................................
JUDGE OF APPEAL
A. K. MURGOR
………………………
JUDGE OF APPEAL
I certify that this is a true
copy of the original
DEPUTY REGISTRAR