[2024] KEHC 8827 (KLR)
The court found that the applicant's prayers, though convoluted, relate to the division or recognition of matrimonial property. Such issues cannot be resolved through written applications alone and require a full hearing with oral evidence. Therefore, all pending applications are held in abeyance, and the parties...
Source-derived case information.
- Citation
- [2024] KEHC 8827 (KLR)
- Parties
- Applicant: AJE; Respondent: MTL
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 84 of 2019
- Procedural Posture
- Civil Case / Directions
- Outcome
- Directions issued; pending applications held in abeyance; parties to file witness statements or affidavits; matter to be fixed for hearing.
- Judges
- HK Chemitei
- Legal Topics
- Matrimonial Property, Division of Property, Oral Evidence, Pending Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AJE
Applicant
MTL
Respondent
Procedural Posture
Civil Case / Directions
Legal Issues
- 1 Whether the applicant's prayers regarding matrimonial property can be resolved through the current applications.
- 2 Whether the matter requires oral evidence for determination of matrimonial property claims.
Ratio Decidendi
The court found that the applicant's prayers, though convoluted, relate to the division or recognition of matrimonial property. Such issues cannot be resolved through written applications alone and require a full hearing with oral evidence. Therefore, all pending applications are held in abeyance, and the parties are directed to file witness statements or affidavits within 21 days to facilitate a substantive hearing of the main suit.
Court Disposition
Directions issued; pending applications held in abeyance; parties to file witness statements or affidavits; matter to be fixed for hearing.
Orders
- All pending applications are held in abeyance pending hearing and determination of the main suit.
- Either party is granted leave to file witness statements or affidavits and serve each other within 21 days from the date of the directions.
Full Case Text
Judgment text and source record
21 paragraphs
AJE v MTL (Civil Case 84 of 2019) [2024] KEHC 8827 (KLR) (Family) (18 July 2024) (Directions)
Neutral citation: [2024] KEHC 8827 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Civil Case 84 of 2019
HK Chemitei, J
July 18, 2024
Between
AJE
Applicant
and
MTL
Respondent
Directions
1. My sister O J on 13th October 2023 directed that this matter be mentioned before me for directions on the application dated 30th December 2022 by the Applicant.
2. The matter has come up severally. I have looked at the said application and the responses by the Respondent. This court is respectfully unable to decipher the Applicant’s prayers for they are convoluted. He is of course acting in person and therefore the court perfectly understands him.
3. It appears however that his concern has to do with the properties which he considers matrimonial, namely the home at Kasarani, Flat B4 At Golden Mile Estate, Motor Vehicle Prado KBU 721Y and household items.
4. These properties which he considers matrimonial can only be discussed if this matter is heard and determined by way of oral evidence. The myriad of applications cannot resolve the same.
5. In the premises I direct:-(a)That all the pending applications if any are hereby held in abeyance pending the hearing and determination of the main suit.(b)Either of the parties are hereby granted leave to file any witness statement or affidavits and serve each other within 21 days from the date herein.(c)This matter be fixed for hearing forthwith.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 18THDAY OF JULY 2024. H K CHEMITEIJUDGE