S M M ALIAS G S M ALIAS S S M V. C A K M ALIAS C A K M

JUDGMENT OF THE COURT

INTRODUCTION

1. The central issue for determination in this appeal is whether the respondent, who was lawfully married to a third party under the Marriage Act, had legal capacity to marry the appellant under Kamba Customary Law during the subsistence of the statutory marriage. The appellant contended that there existed a customary marriage between her and the respondent from 1990 until November 2008 when the respondent divorced her and claimed, inter alia, equal share of all the income and properties that they acquired together between 1990 and 2008.

2. The High Court dismissed the appellant’s suit, hence this appeal. This being the first appellate Court, it is entitled to revisit the evidence on record, evaluate it and reach its own conclusion. The Court however appreciates that an appellate Court will not ordinarily interfere with findings of fact by the trial court unless they are based on no evidence at all, or on a misapprehension of it, or the trial court is s…