ZULEIKHA MOHAMED NAAMAN v GHARIB SULEIMAN GHARIB [1997] KECA 19 (KLR)
- Court
- Court of Appeal
- Case number
- 19
- Citation
- [1997] KECA 19 (KLR)
The court allowed the appeal and set aside the order made by Waki J. on custody. The court awarded custody to the appellant with reasonable access to the father in one weekend each month.
Facts
The appellant and respondent are Muslim parents whose marriage was dissolved. The Chief Kadhi awarded custody to the mother with reasonable access to the father. The respondent appealed and the High Court affirmed the decision. The respondent later sought review of the order, arguing the children were older and the father should have custody.
Issues
- Custody of two children
- Age of the children and its implications
Reasoning
The court found that the children were still of tender age and that the appellant was not disqualified from having custody. The court also noted that the circumstances had not changed to the detriment of the children's welfare.
Outcome
Appeal allowed, custody awarded to appellant with reasonable access to father
Orders
- Award custody to appellant with reasonable access to father in one weekend each month
Remedies
- Award costs of appeal and proceedings to appellant
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap.21 Laws of Kenya
- Guardianship of Infants Act
Cases cited (1)
- Abdul R. Razmi v. Sughra Sultana (1960) E.A 801
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