[2001] KEHC 685 (KLR)
The court held that maintenance payments, being for life support, are not subject to stay orders. The arrears of maintenance ordered by the previous ruling were to be paid to the wife, Munira Mbarak, through the court, and the wife was to be advised to apply for the release of the funds. The interpretation advanced...
Source-derived case information.
- Citation
- [2001] KEHC 685 (KLR)
- Parties
- Appellant: Salim Said Islam Mashjerry; Respondent: Munira Mbarak
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 86 of 1999
- Procedural Posture
- Civil Appeal / Ruling on Payment of Arrears of Maintenance
- Outcome
- Application granted in favour of the wife; arrears of maintenance to be paid to her.
- Legal Topics
- Maintenance Arrears, Stay of Orders, Court Order Interpretation
- 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
Salim Said Islam Mashjerry
Appellant
Munira Mbarak
Respondent
Procedural Posture
Civil Appeal / Ruling on Payment of Arrears of Maintenance
Legal Issues
- 1 Whether the arrears of maintenance ordered by the court are to be paid to the wife or held as security for stay.
- 2 Whether maintenance payments are subject to stay orders.
Ratio Decidendi
The court held that maintenance payments, being for life support, are not subject to stay orders. The arrears of maintenance ordered by the previous ruling were to be paid to the wife, Munira Mbarak, through the court, and the wife was to be advised to apply for the release of the funds. The interpretation advanced by the respondent's counsel, that the payments were to be held as security for stay, was rejected as contrary to the purpose of maintenance. The court directed that all amounts paid to date as arrears of maintenance be released to the wife, and the Deputy Registrar was instructed accordingly.
Court Disposition
Application granted in favour of the wife; arrears of maintenance to be paid to her.
Orders
- All arrears of maintenance paid to date to be released to the wife, Munira Mbarak.
- The Deputy Registrar is directed to effect the payment to the wife.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL APPEAL NO. 86 OF 1999
SALIM SAID ISLAM MASHJERRY ……………………………………..APPELLANT VERSUS MUNIRA MBARAK ……………………………………………….……RESPONDENT
R U L I N G:
I have read the Ruling given herein by Mrs. Khaminwa Commissioner of assize. On 22nd November, 1999 and understand its purport.
Mr. Oyoo Counsel for the Respondent husband in this application has argued that the payment was to be as Security for Stay. Mr. Abubaker for his wife says it was to be paid to the wife as mainland except that it was to be paid through court.
The Ruling said that the decided amount which in effect was arrears of maintenance was to be paid to court in instalment of 5,000/- p.m. “With advise to the respondent (wife) meaning that the wife was to be so advised so as to apply for the money to be released to her when paid. I understand the ruling to be expressing that.
Normally maintenance payments are not subject of Stay order for common knowledge basis that it is for maintenance life support. To interpret the order to be cognate within Mr. Oyoo’s interpretation would be going contrary to his motion.
I grant that the applicant’s wife is to be paid these arrears. When paid and I direct that all the paid amounts to date be paid to her (the wife) and the Deputy Registrar is accordingly directed.
Delivered at Mombasa this 21st day of December, 2001.
A.I. HAYANGA ................. J U D G E
Read in the presence of