JUDGMENT OF THE COURT
This is an interlocutory appeal against orders made by the superior court (Kubo J) on 22nd November, 2006 in High Court Civil Appeal No. 10 of 2005, S v. M which appeal is still pending for hearing.
The said appeal is against the decision of the subordinate court (Children’s Court) in Children’s Case No. 296 of 2003 in which M (wife) sued S (husband) for maintenance and custody of their child SS and for return of the child’s birth certificate. By a judgment delivered on 30th September, 2004, the Children’s Court granted custody of the child of the marriage to the wife but gave access to the husband. The Children’s Court further ordered the husband to be paying school fees and other related school expenses and also in addition ordered him to be paying Shs.6,000/= being monthly maintenance for the child. The husband subsequently filed Civil Appeal No. 10 of 2005. The appeal was however summarily rejected by the superior court under section 79 B of Civil Procedure Act…