SAMUEL KANYUA NGANGA v MILKA WAIRIMU GAKUYA [2006] KEHC 139 (KLR)
- Court
- High Court of Kenya
- Case number
- 139
- Citation
- [2006] KEHC 139 (KLR)
- Decided
- 4 July 2006
The appeal is allowed, and the orders of the learned magistrate are set aside. Maintenance is not awarded as there was no evidence of the respondent's demand for maintenance and the award was made before the appellant and respondent stopped living together.
Facts
The appellant and respondent were alleged to have been married under Kikuyu customary law in 1993. The appellant claimed the respondent had been mistreating him, while the respondent claimed she was mistreated by the appellant. The respondent sought maintenance and custody of their child.
Issues
- Whether the marriage was proved under Kikuyu customary law
- Whether the learned magistrate erred in awarding maintenance
- Whether the learned magistrate had jurisdiction to hear the cause
Reasoning
The learned magistrate erred in finding for the respondent and awarding maintenance. The respondent did not prove her demand for maintenance and the award was made before the appellant and respondent stopped living together.
Outcome
Appeal allowed
Orders
- The orders of the learned magistrate are set aside
- Maintenance is not awarded
Remedies
- Each party will bear their own costs of appeal and the proceedings in the subordinate court
Loading judgment…