[2020] KEHC 6506 (KLR)
The court found that since both this appeal and Civil Appeal No. 33 of 2019 arose from the same case, involved the same parties, and concerned the same subject matter, the dismissal order issued in Civil Appeal No. 33 of 2019 should apply equally to this appeal. Therefore, the appeal was dismissed, and each party...
Source-derived case information.
- Citation
- [2020] KEHC 6506 (KLR)
- Parties
- Appellant: BAO; Respondent: BTNO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 8 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- TW Cherere
- Legal Topics
- Child Custody, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BAO
Appellant
BTNO
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be allowed or dismissed in light of the orders in Civil Appeal No. 33 of 2019.
- 2 Whether the subject matter and parties in both appeals are the same, warranting similar orders.
Ratio Decidendi
The court found that since both this appeal and Civil Appeal No. 33 of 2019 arose from the same case, involved the same parties, and concerned the same subject matter, the dismissal order issued in Civil Appeal No. 33 of 2019 should apply equally to this appeal. Therefore, the appeal was dismissed, and each party was ordered to bear its own costs.
Court Disposition
appeal dismissed
Orders
- This appeal is dismissed.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CIVIL APPEAL NO.08 OF 2019
IN THE MATTER OF GBO AND BJO (CHILDREN)
BETWEEN
BAO...........................APPELLANT
AND
BTNO.....................RESPONDENT
(Appeal against judgment and decree in Kisumu Chief Magistrate’s Children’s Case No. 39 of 2017 by Hon. A.Odawo (RM) on 23. 01. 19)
JUDGMENT
1. This appeal and CIVIL APPEAL NO.33 OF 2019 both arise from Kisumu Chief Magistrate’s Children’s Case No. 39 of 2017.
2. Both appeals are by the same Appellant against the same Respondent and the same subject matter.
3. The orders of dismissal issued on 23rdApril, 2020 in respect ofCIVIL APPEAL NO.33 OF 2019applies to this appeal.
4. Consequently, this appeal is correspondingly dismissed with an order that each party shall bear its own costs.
DELIVERED THIS 30th DAY OF April 2020
T. W. CHERERE
JUDGE
Court Assistant - Ms. Amondi
For the Appellant - A.B.L.Musiega & Co. Advocates Absent
For the Respondent - Mr. Omondi of Omondi, Abande & Co.Advocates
Order
This ruling has been delivered to the parties by skype and electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15thMarch, 2019.