[2004] KEHC 1707 (KLR)
The court found that the respondent had been left without means of support due to the petitioner's actions, including withdrawal of funds and removal of assets. The family had maintained a higher standard of living, and the petitioner failed to disclose all assets. The court determined that interim alimony was...
Source-derived case information.
- Citation
- [2004] KEHC 1707 (KLR)
- Parties
- Petitioner: Peter Kiragu Njuguna; Respondent: Margaret Wanjiku Henry
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 25 of 2004
- Procedural Posture
- Divorce Cause / Interlocutory Application for Alimony Pendente Lite
- Outcome
- Application for alimony pendente lite allowed.
- Legal Topics
- Alimony Pendente Lite, Maintenance Orders, Interim Relief, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kiragu Njuguna
Petitioner
Margaret Wanjiku Henry
Respondent
Procedural Posture
Divorce Cause / Interlocutory Application for Alimony Pendente Lite
Legal Issues
- 1 Whether the respondent is entitled to interim alimony pendente lite during the pendency of the divorce proceedings.
- 2 Whether the petitioner has sufficiently disclosed family assets and means relevant to the maintenance application.
Ratio Decidendi
The court found that the respondent had been left without means of support due to the petitioner's actions, including withdrawal of funds and removal of assets. The family had maintained a higher standard of living, and the petitioner failed to disclose all assets. The court determined that interim alimony was necessary to maintain the respondent pending the final determination of the divorce petition. The amount awarded was based on the family's means and the respondent's needs, with certain expenses deemed unnecessary for the interim period.
Court Disposition
Application for alimony pendente lite allowed.
Orders
- The petitioner shall pay the respondent alimony in the monthly sum of KES 74,500 payable from 30/7/04 and thereafter on the 30th day of each succeeding month until further orders of the court or determination of the petition.
- Costs to the applicant.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
DIVORCE CAUSE NO. 25 OF 2004PETER KIRAGU NJUGUNA ………………………. PETITIONER V E R S U S MARGARET WANJIKU HENRY …………………. RESPONDENT R U L I N G The petitioner (husband) has filed a petition against the wife respondent for the dissolution of their marriage contracted on 18. 12. 99. On 17. 6.2004 the wife filed an application for monthly maintenance as alimony pendente lite. The reasons are that the respondent has been left on her own. She is not able to get income from the family joint business. The petitioner has withdrawn all funds in accounts and has withdrawn family vehicles from her use. The supporting affidavit shows that the husband left the home and removed furniture from the house.
The court has considered the material before the court. The petitioner has not disclosed all the family assets. But it is clear this family has means and have been maintaining a standard of living higher then most families in their station in life.
This is an interim application pending hearing of petition and the making of final orders. In the circumstances l am of the view the applicant will not need to purchase clothing in the interim period. Similarly she may not need to entertain that much. I, therefore award alimony in the monthly sum of shs. 74,500/- payable from 30/7/04 and thereafter on 30th day of each succeeding month until further orders of this court or the determination of the petition.
Costs to the applicant.
Dated this 30th day of July, 2004. J. KHAMINWA JUDGE 30. 7.2004 Ruling read in the presence of Ms. Kibe for applicant.
J. KHAMINWA JUDGE