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S.N.K v. M.S.K, S.M.I, M.K, T.L, J.C.T.L & K.T.C.L

(2015) JELR 96636 (CA)

Court of Appeal  •  Civil Appeal 139 of 2010  •  24 Apr 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

1. The appellant and the 1st respondent were married on 16th March, 1974 at the Shree Mombasa Lohana Mahajan temple and thereafter they moved to Nairobi. Out of the marriage three children were born. One of the children is deceased. Of the other two, one was an adult when the High Court proceedings that gave rise to this appeal was commenced but the other, a girl known as M, the 3rd respondent, was 16 years old and still in school.

2. On 15th July, 1997 the 1st respondent filed Divorce Cause No. 6 of 1997 in the High Court of Kenya at Nairobi. The 2nd respondent was a co-respondent in the Divorce Cause. On 18th February, 1999 the marriage was dissolved and a decree nisi granted. The 1st respondent had also sought custody of M, reasonable maintenance for herself and the said child and that the two of them be allowed “Peaceful and quiet enjoyment of matrimonial home situate at L.R. No. [particulars withheld], [particulars withheld] Estate, Gigiri, Nairobi.” That comp…

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