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N B R
V.
J O

(2016) JELR 104487 (CA)

Court of Appeal 26 Feb 2016 Kenya
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- The applicant (N B R) appealed against a High Court order (Odero, J., 18 Dec. 2015) requiring him to pay the respondent (J O) Kshs 100,000 per month as alimony pendente lite, in addition to Kshs 175,000 per month for child maintenance per

Case Details

Suit Number:Civil Application 61 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:N B R v. J O [2016] eKLR

RULING OF THE COURT

The applicant, N B R, having duly filed a notice of appeal against the order and ruling of the High Court (Odero, J.), dated 18th December 2015 which ordered him to pay with effect from November 2013, a monthly sum of Kshs 100,000.00 to the respondent, J O as maintenance pendente lite, is before us seeking stay of execution of that order pending the hearing and determination of his intended appeal. The respondent contests the application contending that the intended appeal is not arguable, but as an alternative she has deposed in her replying affidavit that she is not averse to receiving half of the amount awarded by the High Court and the balance being deposited in an interest earning account in the joint names of the advocates for the parties, pending the hearing and determination of the intended appeal.

By way of background, the applicant and the respondent were married at the Attorney General’s Office, Mombasa on 7th June 2012. Their only issue, SAR, a daughter, …

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