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MAAA
V.
FSS

(2022) JELR 113532 (CA)

Court of Appeal 18 Feb 2022 Kenya
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- The appellant, administrator of the deceased AMAA’s estate, appealed against the High Court judgment upholding the Kadhi’s Court’s dissolution of marriage between the deceased and respondent FSS, as well as awards for maintenance, alimony

Case Details

Suit Number:Civil Appeal E043 of 2021
Judges:SG Kairu, JA A Mbogholi-Msagha, JA P Nyamweya, JA
Location:Mombasa

JUDGMENT

  1. The appellant, MAAA (suing in his capacity as the administrator of the Estate of AMAA, deceased) is dissatisfied with, and has appealed against the judgment of the High Court at Mombasa (Njoki Mwangi, J.) delivered on 21st May 2021. In that judgment, the High Court upheld a judgment of the Senior Resident Kadhi given on 27th March 2017 in a matrimonial cause between AMAA, the deceased, and his wife FSS, the respondent.

  2. In the said judgment, the Senior Resident Kadhi (the trial court) determined: that the divorce pronounced by the deceased (to whom we also refer as the husband) on 29th June 2011 was “not a valid one in Islamic law” on the basis that a divorce pronounced by an individual whose mental faculty is lacking or questionable is not valid; that nonetheless, the respondent was entitled to dissolution of the marriage on account of her “marital rights, security, peace and stability” having been violated by the husband. In that regard the trial court pronounced, “the parties…

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