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LNM v Attorney General & another [2021] KEHC 5847 (KLR)

[2021] KEHC 5847 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5847
Citation
[2021] KEHC 5847 (KLR)
Decided
24 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and order of the Hon. R. Kefa Senior Principal MagistrateCoramHon. R. Kefa Senior Principal Magistrate
Holding

The court affirmed the trial court's decision.

Facts

The appellant, LNM, sought custody of a minor child. The trial court denied her request.

Issues

  1. Whether the appellant proved her case on a balance of probabilities before the trial court.
  2. Whether the learned magistrate erred in denying the custody of the minor

Reasoning

The court affirmed the trial court's findings of fact, noting that an appellate court will not normally interfere with a finding of fact by the trial court unless such finding is based on no evidence or on a misapprehension of the evidence.

Outcome

Affirmed

Authorities cited

Cases cited (3)
  • Selle and Another vs Associated Motor Boat Company [1968] 1EA 123
  • Mwangi vs Wambugu [1984] KLR 453
  • Kiruga vs Kiruga & Another [1988] KLR 348
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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