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P.K.M v. F.M.M

(2001) JELR 95033 (CA)

Court of Appeal  •  Civil Application Nai. 177 of 2001 (UR.96/2001)  •  14 Jan 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Aaron G Ringera

Judgement

RULING OF THE COURT

:This is an application by P.K.M (hereinafter referred to as "the applicant") brought under rule 5(2)(b) of the Rules of this Court whereby he seeks an order for stay of execution of the ruling delivered by the superior court (Rawal, J). The learned Judge ordered that custody of the child of the marriage between the applicant and F.M.M (the respondent) be granted to the respondent.

The background to the suit in the superior court is that the parties were married under the Marriage Act on 27th July, 1999.The child M.K was born on 7th April, 1999. The cohabitation between the parties ended on or about 12th January, 2001 when the applicant refused to allow the respondent to return to the matrimonial home allegedly as she had spent the preceding week with a man called Oscar Shibasma. There are allegations and counter-allegations made by the parties each accusing the other of infidelity and loose morals. At this stage we are not fully concerned with what may come in the i…

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