IN THE COURT OF APPEAL
AT NAIROBI(Coram: Madan, Nyarangi JJA and Platt Ag JA
CIVIL APPEAL NO.86 OF 1983
NJENGA...................................................APPELLANT
AND
NJENGA...............................................RESPONDENT
(Appeal from the High Court at Nairobi, Porter J)
JUDGMENT
In this appeal, the first eleven grounds were disposed of by consent order which was suggested by the parties’ advocates, approved and recorded by the court and signed by the advocates of the parties. The parties are husband and wife. The respondent mother moved the High Court (Porter J) by originating summons taken out under the Guardianship of Infants Act cap 144 (the Act) as a result of which she was given the custody of the four children including the child Njogu who is the subject matter of the remaining ground of appeal. The originating summons was filed on October 2, 1981 and on October 30, 1981 Hancox J (as he then was) in an ex parte application granted temporary custody of the four childre…