SALIM SAID ISLAM MASHJERRY vs MUNIRA MBARAK [2001] KEHC 685 (KLR)
- Court
- High Court of Kenya
- Case number
- 685
- Citation
- [2001] KEHC 685 (KLR)
- Decided
- 21 December 2001
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant appealed against a judgment of the High Court of Kenya at Mombasa.CoramA.I. HAYANGA
Holding
The appellant's wife is to be paid the arrears of maintenance in instalments of 5,000/- per month, and all paid amounts to date are to be paid to her.
Facts
The appellant's wife was ordered to pay arrears of maintenance in instalments of 5,000/- per month, with the respondent (wife) advised to apply for the money to be released to her when paid.
Issues
- Whether the payment of arrears of maintenance was to be paid to the court or to the respondent's wife.
- Whether the interpretation of the order was contrary to the appellant's motion.
Reasoning
The court ruled that maintenance payments are not subject to a stay order, and interpreting the order to be similar to Mr. Oyoo's interpretation would be contrary to his motion.
Outcome
Affirmed
Orders
- The appellant's wife is to be paid the arrears of maintenance in instalments of 5,000/- per month.
- All paid amounts to date are to be paid to the appellant's wife.
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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