BM v BC [2020] KEHC 3749 (KLR)
- Court
- High Court of Kenya
- Case number
- 3749
- Citation
- [2020] KEHC 3749 (KLR)
- Decided
- 5 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from ex parte judgmentCoramA.N. ONGERI
Holding
The ex parte judgment is set aside, and the Appellant is ordered to continue paying interim maintenance of Kshs. 4,000 per month until the case is heard inter partes.
Facts
The child was born in 2002 and has been in the custody of the Respondent since 1999. The Appellant did not appear in court and the case proceeded exparte.
Issues
- Whether the ex parte judgment should be set aside.
- Who should pay the costs of the appeal.
Reasoning
The court re-evaluates the evidence and finds that the Appellant should be given a chance to be heard before final judgment is given.
Outcome
Appeal allowed
Orders
- Ex parte judgment set aside
- Appellant to continue paying interim maintenance of Kshs. 4,000 per month until the case is heard inter partes
- Case to be heard by any other magistrate other than the one who gave the impugned orders
- Appellant to bear the costs of the appeal
Authorities cited
Cases cited (10)
- Okeno v The Republic (1972) EA32
- Pandya v R (1957) EA 336
- Shantilal M Ruwala v R (1957) EA 570
- Peters v Sunday Post (1958) EA 424
- Esther Wamaitha Njihia & two others vs Safaricom Ltd (2014) eKLR
- Patel vs E.A. Cargo Handling Services Ltd (4)
- Shah vs. Mbogo (5)
- Sebei District Administration vs Gasyali (6)
- Captain Philip Ongom v Catherine Nyero Owota (SCCA 14/2/2001) (2003) KALR
- The Registered Trustees of the Archdiocese of Dar es Salaam vs The Chairman Bunju Village Government & Others (Civil Appeal No. 147 of 2006)
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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