Man Risks Jail After Ex-Wife Who Remarried in US Sues for Ksh 25 Million
On Friday, February 15, the Court of Appeal provided a temporary relief to a man who was at risk of imprisonment in a legal matter initiated by his ex-wife after the end of their marriage.
The man experienced distress when his ex-wife took legal action against him, aiming to acquire a 50% share of his assets worth Ksh50 million.
According to records from the Court of Appeal, the couple tied the knot in November 1998 and had three children before their marriage officially ended in May 2014.
The man disclosed that the woman departed from him, got married again in the United States, and subsequently came back to insist on receiving half of his possessions.
She initiated a triumphant legal action against him in the trial court, leading the man to file an appeal, claiming that the woman had not played a role in generating or obtaining the wealth.
Moreover, the individual clarified that his children and other third-party members possessed a portion of the property. He conveyed his inability to gather the necessary funds within the given six-month timeframe.
“He further 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,” read part of the court documents.
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However, the attorney representing the woman contended that the man failed to file his appeal within the mandated six-day period following a ruling. Consequently, the lady’s legal representative urged the court to reject the appeal.
The man’s attorney responded by highlighting that the appeal was submitted within the prescribed timeframe. The lawyer pointed out that the Deputy Registrar, who signed the document, caused the delay by doing so 28 days after the judgment.
Judge Daniel Musinga from the Court of Appeal sided with the man, stating that the responsibility for the error rested squarely on the Deputy Registrar.
“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,” the judge ruled.
In conclusion, the court approved the man’s requests and temporarily halted the initial judgment until the appeal process was completed.
Man Risks Jail After Ex-Wife Who Remarried in US Sues for Ksh 25 Million