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C Y C
V.
K S Y

(2015) JELR 103484 (CA)

Court of Appeal 27 Feb 2015 Kenya
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Case Details

Suit Number:Civil Application Nai. 266 of 2014
Judges:Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:C Y C v. K S Y [2015] eKLR

RULING OF THE COURT

1. Intending to appeal to this Court against the decision of the High Court (W. M. Musyoka, J.) given on 31st January 2014 ordering the applicant to provide alimony pending suit to the respondent, the applicant has in the meanwhile applied to this Court to stay execution of that decision under rule 5(2)(b) of the rules of the Court pending the determination of the intended appeal.

2. In a petition dated 8th March 2011 and amended on 21st September 2011, the applicant, as petitioner, applied for dissolution of his marriage to the respondent contracted on 9th May 1994 on grounds therein set out. The applicant further averred in his amended petition that the parties had entered into a post nuptial agreement dated 29th November 2005 under which agreement was reached regarding payments the applicant was to make towards the respondent’s maintenance and support and the upkeep and education of the children among other things.

3. The respondent cross-petitioned for divorce thr…

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