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A.B & H.B v. R.B

(2015) JELR 106857 (CA)

Court of Appeal  •  Civil Application 31 of 2015 (UR 29 of 2015)  •  31 Jul 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

If there is a lesson to be learned from these proceedings so far, it is the need for courts to be sensitive to the realities of a case, and to issue orders which are efficacious, practicable, unambiguous and enforceable. Courts should not issue ambiguous orders under the guise of taking a middle ground so as to please all the parties to the dispute, more so, when the dispute is acrimonious as this one.

That said, there is a common thread running through this application with regards to the parties. They are all connected to S P B (deceased). From 1983 to 2006 or thereabouts, the 1st applicant had been married to the deceased. Thereafter they separated and it was not until the month of Ramadhan of 2014 that according to the 1st applicant they reconciled and she moved back and resumed cohabitation with the deceased in a property known as Mombasa [Particulars withheld] Road Mombasa “the suit premises”. However, from the documents on record, it is not possible to tell wh…

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