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D P N v. A D C

(2017) JELR 103006 (CA)

Court of Appeal  •  Civil Application 94 of 2017  •  29 Sep 2017  •  Kenya

Coram
Philip Nyamu Waki, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

RULING OF THE COURT

In the motion on notice before us taken out under rule 5(2) (b) of the rules of this Court, the applicant, DPN, prays for stay of proceedings in High Court Divorce Cause No 178 of 2014 pending the hearing and determination of an intended appeal against the ruling and order of the High Court (Muchelule, J.) dated 16th March 2017. By that ruling, the learned judge dismissed with costs an application by the applicant to commit Mr. Allan Kosgey, Advocate, to prison for a period of 6 months for alleged contempt of court. Mr. Kosgey is the advocate on record for the respondent Alison Dawn Chater, both in the High Court and in this Court.

The brief background to the motion is as follows. By a judgment dated 13th February 2015, Muchelule, J. dissolved the marriage between the applicant and the respondent and made an agreement entered into by the parties on 11th June 2014, a part of the judgment, and enforceable as such. That agreement provided for among others, the custody a…

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