E K M & another v J M M [2017] KECA 675 (KLR)
- Court
- Court of Appeal
- Case number
- 675
- Citation
- [2017] KECA 675 (KLR)
- Decided
- 9 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for review and/or set aside of the High Court's ruling and for an order that Civil Appeal No. 14 of 2016 be heard and determined on merit.CoramW. KARANJA, F. AZANGALALA, S. GATEMBU KAIRU
Holding
The application is dismissed with costs to the respondent.
Facts
The High Court at Kisii decreed that the marriage between the respondent and the 1st applicant be dissolved and ordered the 1st applicant to refund Kshs. 205,000.00 to the respondent.
Issues
- Whether the High Court overlooked a matter that had been brought to its attention.
- Whether the applicants' failure to file a record of appeal was due to an inadvertent omission.
Reasoning
The applicants' application is devoid of merit as they have not demonstrated that an appeal had been filed, and they have not provided satisfactory answers to the questions raised.
Outcome
Dismissed with costs
Orders
- The application for review and/or set aside of the High Court's ruling is dismissed.
- The application to strike out the applicants' notice of appeal is upheld.
Authorities cited
Cases cited (1)
- Jasbir Singh Rai and 2 Others v Tarlochan Singh Rai and 4 Others [2007] eKLR (the Rai case); Nguruman Ltd v Shompole Group Ranch & Another [2014] eKLR (Nguruman case); Benjoh Amalgamated Limited & Muiri Coffee Estate Limited v Kenya Commercial Bank Limited, [2014] eKLR (Benjoh case)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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