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R F S v. J D S

(2013) JELR 96637 (CA)

Court of Appeal  •  Civil Application 114 of 2012  •  5 Jul 2013  •  Kenya

Daniel Kiio Musinga, Paul Kihara Kariuki, William Ouko



On 24th May, 2011, Maraga J. (as he then was), delivered a ruling where he held that the parties herein had mutually agreed to enroll their children in [particulars withheld] and each of them were to pay 50% of the children’s education. The learned judge concluded the ruling as follows:

“The parties should ascertain the arrears, if any, due from each or either of them for the children’s school fees and educational expenses in the [particulars withheld]Schools and the Respondent should pay his share within 30 days of ascertaining the figure failing which he shall be committed to civil jail for a period of six months. The Respondent shall pay the costs of the application.”

The applicant was aggrieved by that decision and filed a notice of appeal against the same. He also filed before the High Court an application for stay of execution pending appeal. Vide a ruling dated 24th October, 2011, the application was allowed on condition that the applicant pays forthwith the ar…

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