B M M v A M M [2016] KEHC 8098 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

CIVIL APPEAL NO. 59 OF 2014

B M M………….….……………….…….........................APPELLANT

VERSUS

A M M……………………………….............................RESPONDENT

RULING

1. The application dated 10th April 2015 is a straight forward case for the listing of the Appeal for directions.

2. It is opposed by the respondent, through an affidavit sworn on 17th April 2015.

3. I have read through the opposing affidavit, and I have not found any basis for the respondent’s opposition to the listing of the matter for directions. The matter should be cleared for final disposal on merits.

4. This matter touches on welfare of children, and I therefore direct the Deputy Registrar to have it given a date for directions on priority.

5. I have previously handled another interlocutory application on it; consequently I would prefer that the same is placed before another Judge in the Division for directions and eventual hearing.

DATED, SIGNED and DELIVERED at NAIROBI this 23RD  DAY OF SEPTEMBER, 2016.

W. MUSYOKA

JUDGE