Customer Support

MMMM
V.
JGCM & 2 ORS.

(2021) JELR 113488 (CA)

Court of Appeal 17 Dec 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPLICATION NO. 215 OF 2018
Judges:D.K. MUSINGA, JA P.O. KIAGE, JA S.G. KAIRU, JA
Location:Nairobi

RULING

1.The genesis of this application is based on the Civil Union between the appellant (Mary)and the 1st respondent on 19th October,1992. Years later, Mary discovered that the 1st respondent had purportedly married one MWA (Makonyi) customarily on 12th February, 2018 and a marriage certificate was issued to that effect. This prompted the appellant to file an application under the Matrimonial Properties Act and sought among other orders, a declaration of her rights in relation to their matrimonial property.

2.Thereafter, on 3rd July, 2018 Aroni, J recorded a consent order. Mary later claimed that the said order was made in her absence as she was asked to step outside while the 1st respondent and his Counsel conferred with the learned Judge. She later discovered that the learned Judge was personally known to the 1st respondent which, according to her, raised a conflict of interest.

3.Aggrieved by the turn of events, Mary filed a notice of appeal which gives us jurisdiction to hear and …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.