[2021] KEHC 2403 (KLR)

[2021] KEHC 2403 (KLR)

The court found that the applicant provided a valid explanation for the delay in filing the appeal, namely his deployment in Somalia and lack of awareness of the judgment's delivery. The court exercised its discretion to grant leave to appeal out of time, noting that the respondent did not demonstrate prejudice that...

Source-derived case information.

Citation
[2021] KEHC 2403 (KLR)
Parties
Appellant: KB; Respondent: BC
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
5 November 2021
Case Number
Civil Appeal E005 of 2020
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
Application partly allowed.
Judges
AN Ongeri
Legal Topics
Leave to Appeal Out of Time, Stay of Execution, Maintenance Orders, Best Interests of Child
Source Language
english
Family and Children Civil Procedure Leave to Appeal Out of Time Stay of Execution Maintenance Orders Best Interests of Child

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Summary, issues, holding and outcome

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Parties

KB

Appellant

BC

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time.
  2. 2 Whether the applicant should be granted stay of execution pending appeal.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the applicant provided a valid explanation for the delay in filing the appeal, namely his deployment in Somalia and lack of awareness of the judgment's delivery. The court exercised its discretion to grant leave to appeal out of time, noting that the respondent did not demonstrate prejudice that could not be compensated by costs. However, the court declined to grant a stay of execution of the maintenance order, emphasizing that the best interests of the minor children are paramount and that suspending maintenance would not serve those interests. The applicant was ordered to continue paying the maintenance amount and to comply with all previous orders pending the...

Court Disposition

Application partly allowed.

Orders

  • Leave to appeal out of time is granted; appeal to be filed within 30 days.
  • Applicant to continue paying Kshs.15,000 per month and comply with all orders in the judgment dated 19/5/2020 pending appeal.