[2014] KEHC 1420 (KLR)
The court found that the petitioner failed to provide documentary evidence to substantiate his claim of having paid the maintenance as ordered on 25th April 2014. In the absence of such evidence, the court accepted the applicant's assertion that the sum of Kshs.350,000 remained outstanding as of 21st July 2014....
Source-derived case information.
- Citation
- [2014] KEHC 1420 (KLR)
- Parties
- Petitioner: G K; Respondent: R N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 16 of 1999
- Procedural Posture
- Divorce Cause / Ruling on Application for Enforcement of Maintenance Order
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Maintenance Orders, Enforcement of Orders, Spousal Support
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G K
Petitioner
R N
Respondent
Procedural Posture
Divorce Cause / Ruling on Application for Enforcement of Maintenance Order
Legal Issues
- 1 Whether the petitioner has complied with the maintenance order of 25th April 2014.
- 2 Whether the petitioner should be compelled to settle the outstanding maintenance sum or be summoned to show cause.
Ratio Decidendi
The court found that the petitioner failed to provide documentary evidence to substantiate his claim of having paid the maintenance as ordered on 25th April 2014. In the absence of such evidence, the court accepted the applicant's assertion that the sum of Kshs.350,000 remained outstanding as of 21st July 2014. Consequently, the court held that the application was merited and ordered the petitioner to appear in court to show cause why he should not be compelled to settle the outstanding maintenance amount.
Court Disposition
application allowed
Orders
- The petitioner shall appear in court on 11th December 2014 to show cause why he should not be compelled to settle the outstanding maintenance amount.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 16 OF 1999
BETWEEN
G K……………….............…..PETITIONER
AND
R N………………………...…RESPONDENT
RULING
1. The application dated 21st July 2014 is fairly straight forward. The applicant states that orders were made on 25th April 2014 that the petitioner do pay a monthly sum of Kshs.150,000. 00 towards maintenance. She states that the order has not been complied with, and by 21st July 2014 as sum of Kshs.350,000. 00 was outstanding. She would like the petitioner ordered to settle the amount or be summoned to show cause.
2. In reply the petitioner states that he has been paying the maintenance and gives a breakdown of the payments allegedly made in the period between of April 2014 to July 2014. He has however not attached any document to support the alleged payments, save for a standing order allegedly placed on 2nd August 2014.
3. The application dated 21st July 2014 is merited. The petitioner shall appear in court on 11th December 2014 to show cause.
DATED, SIGNED and DELIVERED at NAIROBI this 28th DAY OF November 2014.
W. MUSYOKA
JUDGE
In the presence of Miss. Rotich for Ms. Abadha advocate for the petitioner.
In the presence of Mr. Kabiru for Mrs. Thongori advocate for the respondent.