: On 18 December, 2015, the applicant applied for a declaratur to the effect that the respondent was in contempt of the court in relation to the court order in case HC 1243/98. More
On 22 May 2008, after hearing counsel, I dismissed this application with costs. I am now informed that reasons for the dismissal are required, the reason being that the parties hereto or other parties with an interest in the subject matter of the application are engaged in a legal wrangle and the judge dealing with the matter required my reasons. These are they. More
This matter was referred to me as one ready for a pre-trial conference in terms of r 49 (8). I then instructed that the parties should appear before me for a pre-trial conference on 30 September 2022 at 10.30 am. Though such pre-trial conferences are usually held in chambers, I arranged for the holding of this pre-trial conference in court so that it could be recorded. This was because of the state of the record and the apparent history of the matter. More
WAMAMBO J: This is an appeal against the judgment of the Magistrates Court. At the hearing we upheld the point in limine raised.
It is now our understanding that an appeal has been lodged in the Supreme Court. There is however, no request for full reasons in the IECMS System. Our attention was brought for the full reasons to be availed by the Registrar’s Office.
The reasons behind the decision we arrived at now follow.
The respondent as the plaintiff in the court a quo issued summons against the appellant (who was the defendant in the court a quo).
The... More
This matter concerns an application for contribution towards legal costs and maintenance pendente lite.
The parties are husband and wife having married under the Marriage Act (Chapter 5:11) now [Chapter 5:17].
Applicant instituted divorce proceedings which were stalled due to a number of challenges culminating in the divorce matter being removed from the roll. Three children were born of the marriage. Two, of the children are now majors and self-supporting while the youngest was born on 12 May 2005 and at the time of the execution of applicants founding affidavit was attending upper six.
The following form the bedrock of... More
