JMM v MNN (Civil Appeal (Application) E753 of 2022) [2024] KECA 591 (KLR) (24 May 2024) (Ruling)

Facts

The respondent sued the appellant for legal custody, care and control of MM, maintenance, medical cover, and school fees. The High Court made ex parte orders directing the appellant to comply with these, and later lifted the warrants of arrest. The appellant appealed, and the High Court dismissed the appeal with costs.

Issues

1. whether the High Court erred in making orders on a matter not before the court
2. whether the High Court erred in proceeding to hear the respondent's Motion while it was sub judice
3. whether the High Court erred in failing to properly evaluate the evidence on record

Reasoning

The respondent's Motion to strike out the appellant's notice of appeal was filed more than a year after the notice was served, and thus was beyond the 30-day limit set by rule 86 of the Court of Appeal Rules.

Outcome

The respondent's Motion to strike out the appellant's notice of appeal is struck out with costs to the appellant.