A S Y v D J B M [2017] KEHC 9488 (KLR)
- Court
- High Court of Kenya
- Case number
- 9488
- Citation
- [2017] KEHC 9488 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from an order granting guardianship to the respondentCoramA.O. MUCHELULE
Holding
The appeal is incompetent and struck out, with no order as to costs.
Facts
The appellant is the widow of the deceased and the mother of three children. The deceased's father is the respondent. The appellant sought guardianship over the two children, which the respondent opposed.
Issues
- Guardianship of the two children
- Timing and jurisdiction of the appeal
Reasoning
The appeal was filed out of time and without leave, and the court directed the trial court to set down the matter for the hearing of the substantive issue of who shall have custody and/or guardianship over the children.
Outcome
The appeal is dismissed and struck out.
Orders
- The appeal is dismissed and struck out.
- The trial court should set down the matter for the hearing of the substantive issue of who shall have custody and/or guardianship over the children.
Authorities cited
Cases cited (1)
- Kisya Investment Ltd –v- A.G & Another, Civil Appeal No. 31 of 1995
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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