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P K A
V.
M S A

(2014) JELR 93331 (CA)

Court of Appeal 7 Feb 2014 Kenya
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- This case involves an appeal from a judgment in a matrimonial cause. - The respondent filed a petition seeking nullification of the marriage between himself and the appellant. - The respondent claimed that the appellant was still married

Case Details

Suit Number:Civil Appeal 299 of 2009
Judges:David Kenani Maraga, Daniel Kiio Musinga, William Ouko
Location:Nairobi
Other Citations:P K A v. M S A [2014] eKLR

JUDGMENT OF THE COURT

1. This appeal arises from the judgment of Onyancha, J. in Matrimonial Cause No. 122 of 2006. In that matter the respondent, (who was the petitioner), had filed a petition seeking nullification of the marriage between himself and the appellant.

2. In the petition, the respondent stated that on 25th September, 1995 he got married to the appellant at a Sikh Temple in Southhall, London. However, at the time of the marriage and unknown to him, an earlier marriage between the appellant and one I S P which had been solemnized on 4th January, 1986 was still subsisting. The appellant and the respondent have one child, who we shall refer to as “A.S.A.”, born on 18th June, 1996.

3. The respondent further stated that there was no divorce, annulment, or determination of non-existence of the marriage between the appellant and the said Inderjit Singh Purewal at the time of the marriage between him and the appellant and that the appellant instituted divorce proceedings between her…

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