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R.J.T V. H.M.T

(1977) JELR 95712 (CA)

Court of Appeal  •  Civil Appeal 7 of 1977  •  17 Jun 1977  •  Kenya

Coram
Eric John Ewen Law, Abdulla Mustafa, Justin Saulo Musoke

Judgement

JUDGMENT

In January 1972 the marriage between the appellant and the respondent was dissolved. (We will refer to them as Mr T and Mrs T, respectively.) On 28th September 1972, a consent order for the maintenance of Mrs T, and the maintenance, custody and education of the two children of the marriage, was made an order of the court under rules 39, 40 and 50 of the Matrimonial Causes Rules. In terms of this order, the following matters were agreed. (1) The parties were to have joint custody of the children, of whom Mrs T was to have care and control. (2) Mr T was to pay Mrs T Shs 1500 a month for her maintenance, subject to revision in the event of either party “earning more or less than at present”. (3) Mr T was to bear the cost of the children’s education and further training, and of their medical and dental treatment. And (4) Mr T was to pay Mrs T Shs 1100 a month for the maintenance of the children.

Since the making of the consent order, Mr T has remarried. His second wife has two chil…

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