[2004] KEHC 2294 (KLR)

[2004] KEHC 2294 (KLR)

The court found that the applicant had demonstrated sufficient grounds to set aside the order made on 3/3/2004, as he was abroad pursuing studies and therefore unable to comply with the maintenance order issued by the Children’s Court on 11/9/2002. The impossibility of compliance due to the applicant's absence...

Source-derived case information.

Citation
[2004] KEHC 2294 (KLR)
Parties
Appellant: Stephen Nyarindo Ondimu; Respondent: Josca Omwebu
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 147 of 2002
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Court Order
Outcome
Application allowed; previous order set aside.
Legal Topics
Child Maintenance, Setting Aside Orders
Source Language
en
Family and Children Child Maintenance Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Nyarindo Ondimu

Appellant

Josca Omwebu

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Set Aside Court Order

Legal Issues

  1. 1 Whether sufficient grounds exist to set aside the court order made on 3/3/2004.
  2. 2 Whether the appellant's absence abroad justified non-compliance with the maintenance order.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient grounds to set aside the order made on 3/3/2004, as he was abroad pursuing studies and therefore unable to comply with the maintenance order issued by the Children’s Court on 11/9/2002. The impossibility of compliance due to the applicant's absence constituted a valid reason for setting aside the previous order. The court exercised its discretion to allow the application and granted the orders sought, with no order as to costs.

Court Disposition

Application allowed; previous order set aside.

Orders

  • The order made on 3/3/2004 is set aside.
  • Application dated 9/3/2004 is allowed.