[2025] KEHC 7037 (KLR)

[2025] KEHC 7037 (KLR)

The court found that the parties were previously married and their marriage was dissolved by a decree absolute. Both parties executed Property Settlement Agreements dated 1 July 2024, detailing the division of both immovable and movable matrimonial property. The respondent, despite being duly served, did not contest...

Source-derived case information.

Citation
[2025] KEHC 7037 (KLR)
Parties
Applicant: AMM; Respondent: GAM
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 May 2025
Case Number
Matrimonial Cause E075 of 2024
Procedural Posture
Matrimonial Cause / Judgment
Outcome
Originating Summons allowed in terms of prayers 1, 2, and 3; Property Settlement Agreements adopted as orders of the court; each party to bear own costs.
Judges
H Namisi
Legal Topics
Matrimonial Property, Property Settlement, Division of Assets, Divorce Decree
Source Language
english
Family and Children Matrimonial Property Property Settlement Division of Assets Divorce Decree

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Summary, issues, holding and outcome

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Parties

AMM

Applicant

GAM

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the immovable and movable properties listed in the Property Settlement Agreement dated 1 July 2024 constitute matrimonial property subject to division.
  2. 2 Whether the Property Settlement Agreements should be adopted as orders of the court.
  3. 3 Whether the Deputy Registrar should be empowered to execute transfer documents in case of non-compliance by the respondent.

Ratio Decidendi

The court found that the parties were previously married and their marriage was dissolved by a decree absolute. Both parties executed Property Settlement Agreements dated 1 July 2024, detailing the division of both immovable and movable matrimonial property. The respondent, despite being duly served, did not contest the application or the agreements. The court was satisfied that the properties listed were matrimonial property acquired during the marriage and that the agreements reflected the parties' intentions regarding division. Accordingly, the court declared the listed properties as matrimonial property to be divided as per the agreements, adopted the agreements as orders of the...

Court Disposition

Originating Summons allowed in terms of prayers 1, 2, and 3; Property Settlement Agreements adopted as orders of the court; each party to bear own costs.

Orders

  • The properties (immovable) listed in the Property Settlement Agreement dated 1 July 2024 in respect of Plot No88 on LR No.8749/5 Thika Greens Estate, Phase3, are declared matrimonial properties to be divided as agreed.
  • The properties (movable) listed in the Property Settlement Agreement dated 1 July 2024 in respect of the specified motor vehicles and motorcycle are declared matrimonial properties to be divided as agreed.