PMM v LN (on Behalf of CM ) [2020] KEHC 83 (KLR)
- Court
- High Court of Kenya
- Case number
- 83
- Citation
- [2020] KEHC 83 (KLR)
- Decided
- 26 August 2020
The application does not have merit and the applicant shall make good the orders made in the judgment delivered on 3rd December 2019 by remitting Ksh. 15,000 per month for the maintenance of the minor in question pending the hearing and determination of the appeal.
Facts
The appellant and respondent are in a paternity dispute. The respondent is seeking maintenance for their child, while the appellant seeks a stay of execution of the judgment.
Issues
- Whether the appeal is meritorious and raises triable issues.
- Whether the applicant will suffer substantial loss if the application is not granted.
- Whether the application has been made without unreasonable delay.
- Whether the applicant has provided security for the due performance of the decree or order as may ultimately be binding on him.
Reasoning
The court finds that the application was made without unreasonable delay and that the applicant has not met the principles of stay of execution under Order 42 Rule 6(2) of the Civil Procedure Rules. The court also finds that the applicant has not proven substantial loss.
Outcome
The appeal is dismissed and the applicant is ordered to remit Ksh. 15,000 per month for the maintenance of the minor.
Orders
- Remit Ksh. 15,000 per month for the maintenance of the minor in question pending the hearing and determination of the appeal.
Remedies
- Remit Ksh. 15,000 per month for the maintenance of the minor in question pending the hearing and determination of the appeal.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Children’s Act
- Order 42 Rule 6(2) of the Civil Procedure Rules
Cases cited (7)
- Superior Homes (Kenya) Limited v Musango Kithome [2018] eKLR
- Amal Hauliers Limited v Abdulnasir Abukar Hassan [2017] eKLR
- Focin Motorcycle Co. Limited v Ann Wambui Wangui & another [2018] eKLR
- Z M O v E I M [2013]eKLR
- Kenya Shell Limited v Benjamin Karuga Kibiru & another [1986] eKLR
- Butt v Rent Restriction Tribunal [1979] eKLR
- R B v H B & another [2015] eKLR
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