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(2019) JELR 94978 (CA)

Court of Appeal  •  Civil Appeal 87 of 2016  •  26 Sep 2019  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This is a second appeal from the decision of the High Court in which the appellant’s first appeal was dismissed. The dispute was filed in the Kadhis’ Court at Mombasa by the respondent who had petitioned to divorce the appellant under Islamic law, accusing him of cruelty and infidelity; that he had married a woman who was HIV positive; and that as a result of all these their marriage had irretrievable broken down.

The appellant for his part had also accused the respondent of infidelity and in his counter-claim demanded that the respondent should return to him household goods worth Kshs. 600,000/= taken from the matrimonial home, personal documents and documents of ownership of a house in Mikindani and land in Samburu, the sum of Kshs. 800,000/= being security for a loan taken by the respondent. He also prayed that the respondent be ordered to account for rent collected from a shop in the matrimonial home from May 2014.

Only upon satisfaction of the counter-claim, wo…

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