Login Register

E K M & C M O V. J M M

(2017) JELR 102616 (CA)

Court of Appeal  •  Civil Application 66 of 2015  •  9 Mar 2017  •  Kenya

Wanjiru Karanja, Festus Azangalala, Stephen Gatembu Kairu



1. The applicants have moved the Court under Sections 3(2), 3A, 3B of the Appellate Jurisdiction Act, Rules 42 and 57(2) of the Rules of the Court seeking “review and/or set aside (sic) its ruling delivered on 21st April 2016” and for an order that “Civil Appeal No. 14 of 2016 in the Court of Appeal at Kisumu be heard and determined on merit.”


2. In a judgment delivered on 27th February 2015, the High Court at Kisii decreed that the marriage solemnized on 9th September 2004 between the respondent and the 1st applicant be dissolved. The court further ordered the 1st applicant to refund to the respondent a sum of Kshs. 205,000.00 together with interest being half of school fees and upkeep that the respondent paid for the 1st applicant while she was in college and “half dowry paid for her”. Aggrieved by that judgment, the applicants lodged a notice of appeal dated 10th March 2015.

3. By an application dated 3rd December 2015, the respondent moved the Court to s…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login