IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gachuhi, Apaloo JJA and Kwach Ag JA)
CIVIL APPEAL NO 16 OF 1988
Between
GREGORY KIEMA KYUMA ..........................................APPELLANT
AND
MARIETTA SYOKAU KIEMA.....................................RESPONDENT
(Appeal from a Ruling of the High Court at Nairobi, Shields J)
JUDGMENT
November 17, 1988, Apaloo JA delivered the following Judgment.
The important question raised for determination in this appeal, is whether the memorandum of appeal filed by the appellant on the 29th April 1987, set on foot a competent appeal from the Magistrate’s judgement of the 5th December 1986 to the High Court.
To determine this purely legal question, it is necessary to relate the relevant facts. On the 6th June 1986, the respondent who is the lawful wife of the appellant, brought a complaint against her husband for legal custody of such children of the marriage as were less than 16 years of age and an order for their maintenance. These orders were sought in the Magis…