FC v LR (Suing as Mother and as Next Friend of the Minors) (Family Appeal E021 of 2023) [2024] KEHC 4111 (KLR) (25 April 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4111
- Citation
- [2024] KEHC 4111 (KLR)
- Decided
- 25 April 2024
The court allows the prayer for stay of execution on condition that the appellant continues paying school fees, providing for educational needs, and medical cover for the children pending hearing and determination of the appeal.
Facts
The appellant/applicant was the biological father of the minors and had been married to the respondent from 2018 to 2022. The respondent filed a suit seeking maintenance for the minors, and the trial court ordered the appellant to pay for their school fees, educational needs, and medical cover.
Issues
- Whether an order for stay of execution is merited in the instant appeal.
- Whether the appellant's right to appeal is protected by the stay of execution order.
Reasoning
The court considers the principles guiding the grant of a stay of execution pending appeal and balances the rights of the appellant and respondent. The court grants the stay on condition that the appellant complies with the payment obligations.
Outcome
The court grants the stay of execution on condition that the appellant continues to pay for the minors' needs.
Orders
- The appellant is ordered to continue paying school fees, providing for educational needs, and medical cover for the children pending hearing and determination of the appeal.
Remedies
- The appellant is ordered to continue paying school fees, providing for educational needs, and medical cover for the children pending hearing and determination of the appeal.
Authorities cited
Legislation (2)
- Order 42 rule 6(2) of the Civil Procedure Rules
- Order 42 rule 6(2) of the Civil Procedure Rules, 2022
Cases cited (4)
- RWW vs. EKW [2019] eKLR
- Silverstein vs. Chesoni [2002]1 KLR 867
- Regional Institute of Business Management v Lucas Ondong' Otieno [2020] eKLR
- John Mwangi Ndititu v Joseph Ndiritu Wamathai [2016] eKLR
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