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C.J.M v. P.M.O

(1997) JELR 104996 (CA)

Court of Appeal  •  Civil Appeal 273 of 1996  •  31 Jan 1997  •  Kenya

Johnson Evan Gicheru, Akilano Molade Akiwumi, Amrittal Bhagwanji Shah



:Although the appeal before us is based on 15 grounds, the substance of the same lies in the complaint by the appellant that the learned judge of the superior court (Ang’awa, J.) did not consider the appellant’s application before her on the principles set out in Rule 48 of the Matrimonial Causes Rules Whilst considering the said application. The appellant had sought by Chamber Summons orders for:-

(1) Leave to take the child of the marriage in question (M) with her to the United Kingdom where she was returning to after her employment with the British Council had come to an end;

(2) maintenance for M;

(3) permanent alimony, maintenance and secured provision for the benefit of the appellant.

(4) costs.

The issue of taking M out of the jurisdiction of the Court has been decided and both the appellant and M are no more in Kenya. They are now resident in the United Kingdom.

On 23rd November, 1994 the superior court (Mbogholi-Msagha, J. ) ruled that the court was unable to m…

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