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LAC & ANOR
V.
MJC

(2022) JELR 113455 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL E119 OF 2021
Judges:RN NAMBUYE, JA F SICHALE, JA S OLE KANTAI, JA
Location:Nairobi

JUDGMENT

  1. This appeal traces its roots to the Children’s Court at Milimani, Nairobi, being Children’s Case No. 1282/2017. In the plaint filed in that court, which was “In The Matter of The Custody of AFC” (hereinafter ‘the minor’), the appellants here, LAC and PFC sued the respondent, MJC. In that plaint which was dated 16th October, 2017 it was stated amongst other things that the minor was born on 11th September, 2011 at [Particulars Withheld] Hospital Nairobi during the cohabitation between the respondent and the minors mother KNC (deceased). The marriage between the respondent and the deceased was formalized at [Particulars Withheld] in Kenya and on 22nd December, 2012 (after the minor had been born) the respondent and the deceased relocated from Kenya to [Particulars Withheld] with the minor child in pursuit of employment. The marriage between the respondent and the deceased broke down in 2014 while they were residents in [Particulars Withheld] and the deceased separated from the r…

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