JUDGMENT OF THE COURT
1. The appellant and respondent are legally separated spouses. At all material times in the suit, the appellant had three wives. By a plaint dated 29th November, 2000, the appellant filed suit at the Chief Magistrate’s Court for judicial separation having been married to the respondent under Luo customary law in 1975. The respondent filed defence and counterclaim for reasonable maintenance for herself and issues of the marriage.
2. By a Chamber Summons application dated 14th July, 2001, the respondent applied for interim maintenance and upkeep for herself and the children. It is instructive to note that the application was not accompanied by an Affidavit of Means. The appellant opposed the application in an affidavit dated 6th July, 2001, stating that the full hearing of the judicial separation suit between the parties had began and the appellant had testified and closed his case; that the respondent had given her evidence in chief and was awaiting further cross-ex…