The High Court dismissed an appeal against a Kadhi’s Court divorce ruling, upholding dissolution of the marriage, dowry payment, and referral of child issues.
The High Court dismissed a family appeal, holding the children’s court acted within its discretion to protect the children’s welfare and did not supervise the appeal.
The High Court at Mombasa granted leave to file a family appeal out of time, finding the delay excusable because of financial constraints and arguable issues in the draft appeal.
The court found that both Kisumu/Mun Block 14/64 and the adjacent plot constitute matrimonial property as they were acquired and developed during the subsistence of the marriage and used as the family home and for rental income. While the applicant did not prove direct monetary contribution, there was credible evidence of substantial non-monetary and indirect contribution, including supervision of construction, management of the property, and care for the children, especially as the respondent worked away from Kisumu. The court held that such non-monetary contributions are recognized under th…
The court found that the Applicant failed to prosecute the application for transfer of suit after it was reinstated on condition that submissions be filed within 14 days. Nearly three years elapsed without any action or explanation from the Applicant, who also failed to respond to the application for dismissal. The court held that the Applicant, as the originator of the action, bore the responsibility to prosecute it and that his inaction constituted inordinate and inexcusable delay. The Respondent's contention that the continued existence of the action prejudiced the substantive suit in the…
The Kadhi’s Court dissolved the parties’ Muslim marriage by one talaq, adopted their consent agreement, and ordered payment of mahr, refund, custody, and child welfare terms.
The Kadhi’s Court dissolved a marriage after the husband’s eight-year disappearance, awarded unpaid mahr, granted custody of the minor children, and ordered maintenance with arrears.
High Court dissolves a Hindu marriage after finding the relationship had irretrievably broken down, and makes custody, visitation, and property transfer orders.
High Court stay ruling in a divorce appeal from the Kadhi’s Court. The court partially stayed child maintenance orders, requiring Ksh 20,000 monthly pending appeal.
The High Court at Busia dismissed an application to transfer a children’s case to Vihiga, finding that retaining the matter at Busia better served convenience and the children’s best interests.