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N B R V. J O

(2016) JELR 104487 (CA)

Court of Appeal  •  Civil Application 61 of 2015  •  26 Feb 2016  •  Kenya

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

Judgement
<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">The applicant, <em>N B R</em>, having duly filed a notice of appeal against the order and ruling of the High Court <em>(Odero, J.)</em>, dated 18<sup>th</sup> December 2015 which ordered him to pay with effect from November 2013, a monthly sum of Kshs 100,000.00 to the respondent, <em>J O </em>as maintenance <em>pendente lite</em>, is before us seeking stay of execution of that order pending the hearing and determination of his intended appeal. The respondent contests the application contending that the intended appeal is not arguable, but as an alternative she has deposed in her replying affidavit that she is not averse to receiving half of the amount awarded by the High Court and the balance being deposited in an interest earning account in the joint names of the advocates for the parties, pending the hearing and determination of the intended appeal.</p><p class="ql-align-justify">By way of background, the applicant and the respondent were married at the Attorney General’s Office, Mombasa on 7<sup>th</sup> June 2012. Their only issue, SAR, a daughter, …</p>

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