SMM v LNN [2021] KEHC 1276 (KLR)
- Court
- High Court of Kenya
- Case number
- 1276
- Citation
- [2021] KEHC 1276 (KLR)
The appeal is dismissed as there is no merit in it. The consent order remains in force and the parties are ordered to cooperate in the hearing of the main suit.
Facts
The plaintiff (LNN) filed a suit seeking actual custody of her child and maintenance. The court initially granted temporary custody to the mother, but later entered a consent order for the child to be with the father with limited access. The plaintiff then filed an application for actual custody, which was granted by the trial court.
Issues
- whether the plaintiff was given a hearing to prosecute his application dated 23rd November 2020
- whether the court erred by granting actual custody of the baby to the respondent
Reasoning
The court found that the plaintiff was given a hearing and the consent order was properly enforced. The court emphasized that an appellate court should not interfere with the exercise of discretion unless it is clearly wrong.
Outcome
Appeal dismissed
Orders
- Consent order remains in force
- Parties are ordered to cooperate in the hearing of the main suit
Authorities cited
Cases cited (3)
- Mbogo and another vs Shah (Supra)
- Sospeter Ojamong Vs Lynette Amondi Otieno and another Civil Appl No 176/2006
- MAA Vs A.B.S(2018) e KLR
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