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Okoth Ocheyo v. Aziza Mohammed Konde

(1997) JELR 94250 (CA)

Court of Appeal  •  Civil Appeal 104 of 1996  •  18 Dec 1997  •  Kenya

Coram
Gurbachan Singh Pall, Akilano Molade Akiwumi, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The facts giving rise to this appeal are that Aziza Mohamed Konde (the 1st respondent) is the wife of Priestly Julius Konde (the 2nd respondent). On 7th November, 1991 the second respondent sued the 1st respondent in the High Court of Kenya at Nairobi in Separation Cause No. 110 of 1991 for an order for separation from her. At all material times the 2nd respondent was the registered owner of the premises known as Nairobi/Block 32/1099. (the suit premises)which happened to be the matrimonial home of the two of them. On 13th January, 1993 a consent order was recorded in the said separation cause to the following effect:

"1.That the 2nd respondent do leave the matrimonial home forthwith.

2.That the 1st respondent be and is allowed the custody of the children.

3.That the 2nd respondent do pay to 1st respondent Kshs.4000/= per month for maintenance for herself and the children of the marriage commencing from 9th August 1992.

4.That the 2nd respondent do provide for the edu…

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