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N B R v. J O

(2017) JELR 98706 (CA)

Court of Appeal  •  Civil Appeal 45 of 2016  •  10 Mar 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

It is plainly unacceptable that almost two and half years after the filing of a divorce cause to dissolve their marriage, the parties herein have completely abandoned the divorce cause and are busy expending their time, energy and resources in the pursuit of what is otherwise a mere interim remedy. Enough is enough. They must now abandon their concerted efforts to transform an interim relief into an end in itself, and get on with the hearing and determination of the cause lying idle at the High Court once and for all.

In this appeal, the appellant, N B R, is aggrieved by the ruling and order (erroneously intituled “Judgment”), of Odero J. dated 18th December 2014 in which the learned judge awarded the respondent, J O Kshs. 100,000/- per month as alimony pendete lite. In addition the learned judge ordered the appellant to continue paying to the respondent Kshs. 175,000/- per month pursuant to an earlier order issued by the Children’s Court at Mombasa. The appellant …

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