The Court of Appeal granted a temporary reprieve on Friday, February 15, 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 man 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 indicate that the couple got married in November 1998 and had three children before their marriage was dissolved in May 2014.
The man revealed that the woman left him and remarried in the United States only to return and demand half of his property.
She 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.
Furthermore, 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 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.
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. Due to this, the lady's lawyer called upon the court to dismiss the appeal.
In response, the man's lawyer emphasised that the appeal was filed within the set time. The lawyer noted that the delay was caused by the Deputy Registrar who signed 28 days after the judgement.
The Court of Appeal judge Daniel Musinga ruled in favour of the man, adding that it was clear the fault lay with 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.
Conclusively, the court granted the man his demands, temporarily suspending the earlier judgment until the appeal process is finalised.
