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TMG & ANOR
V.
AP

(2022) JELR 113765 (CA)

Court of Appeal 6 May 2022 Kenya
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Case Details

Suit Number:Civil Appeal 138 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. The Appellants have in this appeal challenged the judgment of the High Court at Mombasa delivered by Thande, J. dated 10th April 2019. The judgment dismissed the appellants’ suit and allowed the defendant’s counterclaim. The court declared that no marriage existed between the 1st appellant (TMG) and the respondent (AP); and that the respondent had no obligations to maintain the appellants and ordered the appellant to deliver vacant possession of the suit property within three months and in any event not later than 31st July 2019.

  2. The 1st appellant’s case before the High Court was that she met the respondent sometime in March 2008 when the couple commenced a lengthy intimate relationship. That shortly thereafter the couple started living together as a family on a property the respondent purchased as their matrimonial home in [Particular Withheld], before he sold it. That they lived together with QFG, the 2nd appellant herein who is the 1st appellant’s son. That the respondent in…

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