[2023] KEHC 25689 (KLR)
The court found that the trial court's interlocutory ruling on the custody of the minor was proper and in accordance with the law, particularly the principle that the best interests of the child are paramount. Given the urgency and nature of the matter, the High Court exercised its discretion to waive procedural...
Source-derived case information.
- Citation
- [2023] KEHC 25689 (KLR)
- Parties
- Appellant: SM; Appellant: IM; Respondent: LA; Respondent: EA
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E065 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- AC Mrima
- Legal Topics
- Child Custody, Interlocutory Orders, Appeals Procedure
- 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
SM
Appellant
IM
Appellant
LA
Respondent
EA
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court's interlocutory ruling on the custody of a minor was proper and should be upheld or set aside.
- 2 Whether the procedural requirements for hearing appeals could be waived due to urgency.
Ratio Decidendi
The court found that the trial court's interlocutory ruling on the custody of the minor was proper and in accordance with the law, particularly the principle that the best interests of the child are paramount. Given the urgency and nature of the matter, the High Court exercised its discretion to waive procedural requirements for the hearing of the appeal. After considering the record, submissions, and applicable law, the court concluded that there was no basis to interfere with the trial court's orders. The appeal was therefore dismissed, and the parties were directed to comply with the original orders within the specified timelines. The underlying Children’s Case was to be heard and...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The orders made in the ruling subject of this appeal shall be complied with by close of business on 27th November, 2023.
Full Case Text
Judgment text and source record
27 paragraphs
SM & another v LA & another (Civil Appeal E065 of 2023) [2023] KEHC 25689 (KLR) (24 November 2023) (Judgment)
Neutral citation: [2023] KEHC 25689 (KLR)
Republic of Kenya
In the High Court at Kitale
Civil Appeal E065 of 2023
AC Mrima, J
November 24, 2023
Between
SM
1st Appellant
IM
2nd Appellant
and
LA
1st Respondent
EA
2nd Respondent
(Being an appeal from the ruling and order by Hon. T. O. Omono, Resident Magistrate in Kitale Chief Magistrate's Court Children’s Case No. 40 of 2023 delivered on 2nd October, 2023)
Judgment
1. This is an appeal against an interlocutory ruling made in Kitale Chief Magistrates Children’s Case No 40 of 2023. The subject ruling was on the custody of a minor.
2. Given the nature and urgency in this matter, this Court waived all the procedural requirements in hearing of appeals, including the filing of a formal Record of Appeal, and directed parties to argue the appeal pronto.
3. Parties filed written submissions wherein some decisions were referred to.
4. This Court has carefully considered the appeal, the record before the trial Court, the written submissions, the decisions therein and the law.
5. Due to immense pressure of work on the part of the Court and the urgency in this matter, this Court will render the final determination of this appeal herein and it shall give its reasons thereto within 7 days of today.
6. Having said as much, the appeal herein is determined as follows: -a. The appeal is hereby dismissed.b. The orders made in the ruling subject of this appeal shall be complied with by close of business on 27th November, 2023. c. The Children’s Case No 40 of 2023 shall be heard on priority basis and in any event be determined before 1st January, 2024. d. The Children’s Case No 40 of 2023 shall be mentioned before the trial Court on 28th November, 2023 for further dealing.e. The Appellants shall bear the costs of this appeal.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 24TH DAY OF NOVEMBER, 2023. A. C. MRIMAJUDGEJudgment virtually delivered in the presence of:Miss. Arunga, Counsel for the Appellant.LA – 1st RespondentChemosop/Duke – Court Assistants.