M.G.N v M.W.N [2014] KEHC 2293 (KLR)
- Court
- High Court of Kenya
- Case number
- 2293
- Citation
- [2014] KEHC 2293 (KLR)
- Decided
- 23 October 2014
The court dismisses the application and finds no merit in it, stating the appellant cannot be heard to point out that the respondent has superior right or responsibility because she is financially well-off.
Facts
The appellant, M.G.N, filed an application for an order of stay of execution of a ruling in a children's case, claiming he could not pay school fees and maintenance due to heavy debt. The respondent, M.W.N, opposed the application, alleging the appellant had a lucrative business and was financially well-off.
Issues
- Whether the appellant can be granted an order of stay of execution of the ruling due to his inability to pay school fees and maintenance.
- Whether the respondent has superior parental responsibility over the children due to her financial status.
Reasoning
The court notes that both the father and mother have responsibility to meet the educational needs of their children. The appellant failed to prove substantial loss would result if the order was not granted.
Outcome
Application dismissed with costs to the respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Children Act
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