G O O v L M [2018] KEHC 2510 (KLR)
- Court
- High Court of Kenya
- Case number
- 2510
- Citation
- [2018] KEHC 2510 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Resident Magistrate Hon. R. AmwayiCoramA. K. NDUNG'U
Holding
The appeal is partially successful, and the judgment is set aside in part.
Facts
The plaintiff (G.O.O) is dissatisfied with the judgment allowing the defendant's (L.M.) counter-claim and seeking to have the judgment set aside or the monthly contribution reduced.
Issues
- The trial magistrate's dismissal of the plaintiff's suit and allowance of the defendant's counter-claim.
- The trial magistrate's finding that the plaintiff would not be staying with the children if given custody.
- The trial magistrate's decision to require the plaintiff to contribute Kshs. 10,000 per month.
- The trial magistrate's failure to consider the plaintiff's financial capability.
- The trial magistrate's failure to appreciate the evidence given by the plaintiff.
Reasoning
The court finds that the trial magistrate erred in law and fact in several aspects of the judgment.
Outcome
The appeal is partially successful.
Orders
- The judgment of the subordinate court allowing the plaintiff's counter-claim be set aside.
- The monthly contribution by the plaintiff be scaled down to Kshs. 3,000 per month.
- Each party to bear its own costs.
Remedies
- Set aside the judgment allowing the defendant's counter-claim.
- Reduce the plaintiff's monthly contribution to Kshs. 3,000 per month.
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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