Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-21 03:38:52
In a landmark decision, the Court of Appeal granted a temporary reprieve to a man facing potential jail time in a case where he had been sued by his ex-wife following the dissolution of their marriage. The ruling on Friday, February 15, came as a relief to the man who found himself in turmoil after his former wife sued him in court, seeking to claim half of his property valued at Ksh50 million.
Documents from the Court of Appeal revealed that the couple got married in November 1998 and had three children before their marriage was dissolved in May 2014. The man disclosed that the woman had left him and remarried in the United States, only to return and demand half of his property.
The woman filed a successful lawsuit against him at a trial court, prompting the man to appeal, arguing that the woman did not contribute to the creation and acquisition of the wealth. Additionally, the man clarified that some of the property was owned by his children and other third-party members. He expressed his inability to raise the required funds within the six months provided. He also stated that even if he were to raise and pay the Ksh25 million, the 1st respondent (his wife) would not be able to refund it if the appeal is successful.
On the other hand, the woman’s lawyer argued that the man’s appeal was not duly filed as required within six days of a ruling and called upon the court to dismiss the appeal. In response, the man’s lawyer emphasized that the appeal was filed within the set time and noted that the delay was caused by the Deputy Registrar who signed 28 days after the judgment.
The Court of Appeal judge, Daniel Musinga, ruled in favor of the man, adding that it was clear the fault lay with the Deputy Registrar. The judge stated, “We are satisfied with the explanation given by the applicant’s advocate regarding the propriety of the appeal. The notice of appeal was filed in time, six days after delivery of the impugned judgment. The applicant’s advocate had no control over the time the Deputy Registrar took to endorse the notice of appeal.”
Conclusively, the court granted the man his demands, temporarily suspending the earlier judgment until the appeal process is finalized. This ruling provided relief to the man and allowed him to continue his legal battle without the immediate threat of jail time.
The case sheds light on the complexities of property disputes following the dissolution of marriages, and the importance of fair and just legal processes in resolving such disputes. The Court of Appeal’s decision serves as a reminder of the significance of upholding the rule of law and ensuring that legal proceedings are conducted with diligence and accuracy. This case also underscores the impact of delays in legal procedures and the responsibility of court officials in ensuring timely and effective administration of justice.
As the legal battle continues, the temporary reprieve granted by the Court of Appeal offers a glimmer of hope to the man, allowing him to pursue his case with the assurance that his rights and interests are being protected by the judicial system.
Read the original article on Kenyans.co.ke
