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M E K M V. G L M

(2016) JELR 97377 (CA)

Court of Appeal  •  Civil Application 40 of 2015  •  29 Jul 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. This is an application for stay of execution of the High Court Order requiring the applicant to pay the respondent Kshs.20,000/= per month as maintenance pending hearing and determination of the appeal.

2. The applicant and the first respondent got married on 25th August, 1989. Subsequently the applicant sought to have the marriage dissolved as well as maintenance.

3. The first respondent filed an answer to the petition and a cross petition. He also sought maintenance by the applicant.

4. On 19th March, 2015 the High Court (Kimondo, J.) delivered a judgment allowing the petition and cross-petition for divorce on grounds of desertion and cruelty. The learned judge further ordered the applicant to pay maintenance to her enstranged husband in the sum of Kshs.20,000/= per month until the respondent “becomes capable of supporting himself; or, he remarries; or he dies, whichever is earliest.”

5. Being aggrieved by that decision, the applicant preferred an appeal to this Co…

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