AJO v TWN [2023] KEHC 25681 (KLR)

AJO v TWN (Civil Appeal E015 of 2023) [2023] KEHC 25681 (KLR) (Family) (3 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25681 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Civil Appeal E015 of 2023

PM Nyaundi, J

November 3, 2023

Between

AJO

Applicant

and

TWN

Respondent

(Being an Appeal for Stay of Execution pending Appeal of the Ruling of Honourable R. O. Mbogo (MR) of the Chief Magistrate’s Court at Nairobi delivered on 3rd February 2023 in Children’s Case No. E969 of 2022)

Ruling

Introduction 1. The Application for determination is Notice of Motion dated 23rd February 2023, in which the Applicant sought to set aside/ vary the orders of the Lower Court in the impugned ruling.

2. I have had the opportunity to peruse the lower court file and observe that the Court having declined to grant stay of proceedings, the matter proceeded to hearing and is pending judgment before the trial Court.

3. In the circumstances a ruling by this Court will be otiose. For that reason, I strike out this Application with no orders to costs. In the event the Applicant is dissatisfied with the decision of the lower court he can file an appeal.

It is so ordered

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 3RD DAY OF NOVEMBER ,2023. P. NYAUNDIJUDGEIn the presence of:Ms. Thuku for the RespondentMs. Njoroge h/b for Ms Akedi for the for the ApplicantSylvia Court Assistant