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P.K.A v. M.S.A

(2009) JELR 96669 (CA)

Court of Appeal  •  Civil Appli 284 of 2009 (UR.196/2009)  •  13 Nov 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for two main orders, namely:

“1. .................................

2. ...... Court be pleased to issue an order staying the decree and judgment of the superior court issued on 3rd July, 2009 by the Honourable Justice D. A. Onyancha in Matrimonial Cause Number [.....] pending the hearing and final determination of the intended appeal.

3. ...... Court do issue an order restraining the respondent, his agents, servants employees companies and associates from evicting the applicant from the matrimonial home she currently occupies and further that he should continue to maintain the applicant as he used to previously do before he filed Matrimonial Cause Number [....] pending the hearing and final determination of the intended appeal”.

The application is made against the following background:

The applicant is a British citizen while the respondent is a Kenya Citizen. On 4th January, 1986, the applicant and …

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