[2025] KEHC 9028 (KLR)

[2025] KEHC 9028 (KLR)

The court found that the application for leave to institute a matrimonial cause out of time was not opposed, as the respondent had conceded to the prayers sought by the applicant. In light of the parties' compromise and the absence of opposition, the court exercised its discretion to grant the orders as prayed, specifically granting the applicant leave to file the matrimonial cause out of time. No order as to costs was made, reflecting the consensual resolution of the application.

Citation
[2025] KEHC 9028 (KLR)
Parties
Applicant: Ruth Jayzel Karimi Warui; Respondent: Kenneth Warui Mwangi
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
23 June 2025
Case Number
Family Miscellaneous Civil Case E016 of 2025
Procedural Posture
Family Miscellaneous Civil Case / Ruling on Notice of Motion for Leave to File Matrimonial Cause Out of Time
Outcome
Application allowed by consent; leave granted to institute matrimonial cause out of time; no order as to costs.
Judges
DO Chepkwony
Legal Topics
Matrimonial Causes, Extension of Time, Leave of Court
Source Language
English
Family and Children Matrimonial Causes Extension of Time Leave of Court

Case Brief

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Parties

Ruth Jayzel Karimi Warui

Applicant

Kenneth Warui Mwangi

Respondent

Procedural Posture

Family Miscellaneous Civil Case / Ruling on Notice of Motion for Leave to File Matrimonial Cause Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to institute a matrimonial cause out of time.
  2. 2 Whether the application is opposed or conceded by the respondent.

Ratio Decidendi

The court found that the application for leave to institute a matrimonial cause out of time was not opposed, as the respondent had conceded to the prayers sought by the applicant. In light of the parties' compromise and the absence of opposition, the court exercised its discretion to grant the orders as prayed, specifically granting the applicant leave to file the matrimonial cause out of time. No order as to costs was made, reflecting the consensual resolution of the application.

Court Disposition

Application allowed by consent; leave granted to institute matrimonial cause out of time; no order as to costs.

Orders

  • The applicant is granted leave to institute a matrimonial cause out of time.
  • No orders as to costs.