M v M P [1978] KEHC 11 (KLR)
- Court
- High Court of Kenya
- Case number
- 11
- Citation
- [1978] KEHC 11 (KLR)
- Decided
- 18 September 1978
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePostureAppeal from a judgment granting a divorce and custody of a childCoramC.H.E MILLER
Holding
The application is dismissed with costs, and leave to appeal is granted.
Facts
The parties were married under Muslim law, and the wife filed a divorce petition in the High Court. The husband objected to the court's jurisdiction and sought to strike out the petition. The court entered a consent judgment in favor of the wife, granting her custody of the child.
Issues
- Whether the court had jurisdiction to hear the divorce petition
- Whether the consent judgment should be treated as a compromise or termination of a contractual relationship
Reasoning
The court found that the consent judgment was a termination of a contractual relationship between the parties, and that the court did not have jurisdiction to hear the divorce petition as it was determined out of court according to personal law.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
- Leave to appeal granted
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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