[2005] KECA 185 (KLR)
The Court of Appeal exercised its discretion to grant a temporary stay of execution of the High Court's orders, recognizing that the parties could not reach a compromise and that interim measures were necessary to balance the interests of both parties. The court imposed conditions requiring the applicant to pay...
Source-derived case information.
- Citation
- [2005] KECA 185 (KLR)
- Parties
- Applicant: S N K; Respondent: M S K
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 189 of 2005
- Procedural Posture
- Stay Application / Interlocutory Application for Stay of Execution Pending Appeal
- Outcome
- Temporary stay of execution granted on conditions.
- Judges
- AM Githinji, J Wakiaga
- Legal Topics
- Stay of Execution, Maintenance Orders, Child Support, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S N K
Applicant
M S K
Respondent
Procedural Posture
Stay Application / Interlocutory Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a temporary stay of execution of the High Court's orders should be granted pending the hearing and determination of the motion.
- 2 What interim arrangements should be made for maintenance and child support during the pendency of the application.
Ratio Decidendi
The Court of Appeal exercised its discretion to grant a temporary stay of execution of the High Court's orders, recognizing that the parties could not reach a compromise and that interim measures were necessary to balance the interests of both parties. The court imposed conditions requiring the applicant to pay specified lump sums for maintenance of the respondent and the child, as well as to cover school fees, pending the hearing and determination of the substantive motion. The orders were made to ensure that the respondent and the child were not left without support, while also preserving the applicant's right to have the motion for stay heard on its merits.
Court Disposition
Temporary stay of execution granted on conditions.
Orders
- A temporary stay of the orders made by Ang’awa, J, is granted, conditional on the applicant paying the respondent a lump sum of KES 300,000 within fourteen days.
- The applicant shall pay a lump sum of KES 150,000 for the maintenance of the daughter living with the respondent, within fourteen days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, GITHINJI & WAKI, JJ.A) CIVIL APPLI NAI 189 OF 2005 (113/2005 UR) BETWEEN S N K …………..…………… APPLICANT AND M S K …………………… RESPONDENT (An application for stay of execution of the Judgment/Decree of the High Court of Kenya at Nairobi (Ang’awa, J) dated the 10th May 2005 in HIGH COURT OF KENYA DIVORCE CAUSE NO. 6 OF 1997 CONSOLIDATED WITH MISC. CIVIL APPLICATION NO. 1606 OF 1997 (O.S)
ORDER OF THE COURT
We are unable to hear and complete the matter to-day. We have asked counsel to try and reach a temporary compromise; they are unable to do so. We are inclined to make a temporary order and we do so and now order as follows:-
1. We order a temporary stay of the orders made by Ang’awa, J, on the condition that:-
(a) The Applicant shall pay to the Respondent a lump sum of shs.300,000/- within fourteen days of the date of the order; the lump sum covers the period from the date of payment to the hearing and determination of the motion.
(b) The Applicant shall pay a lump sum of shs.150,000/- for the maintenance of the daughter of the marriage living with the mother. That sum shall cover the period from the date of payment to the date of hearing and determination of the motion. The same sum, shall also be paid within fourteen days of the date hereof.
(c) The Applicant shall pay all the school fees payable in respect of the daughter.
2. If these orders are not complied with or not complied with within the stated period, the respondents shall be at liberty to execute the orders of these orders. 3. The costs of to-day shall be in the pending motion, which will be heard in October, 2005.
Made at Nairobi this 13th day of July, 2005.
R.S.C. OMOLO
……………………………
JUDGE OF APPEAL
E.M. GITHINJI
…………………………….
JUDGE OF APPEAL
P.N. WAKI
…………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.