[2017] KEHC 3202 (KLR)
The court reaffirmed its earlier judgment that the listed assets constitute matrimonial property to be shared equally between the parties. As the parties failed to agree on the modalities of division within the stipulated period, the court authorized the plaintiff to sell the properties by private treaty at or above...
Source-derived case information.
- Citation
- [2017] KEHC 3202 (KLR)
- Parties
- Plaintiff: C A O; Defendant: W B O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 12 of 2012
- Procedural Posture
- Civil Suit / Post Judgment Enforcement Directions
- Outcome
- Application for enforcement of judgment allowed; plaintiff authorized to sell specified properties at or above court-determined values, proceeds to be deposited in court for equal distribution.
- Judges
- DN Musyoka
- Legal Topics
- Matrimonial Property, Division of Assets, Property Valuation, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C A O
Plaintiff
W B O
Defendant
Procedural Posture
Civil Suit / Post Judgment Enforcement Directions
Legal Issues
- 1 Whether the assets identified are matrimonial property subject to equal division.
- 2 Whether the parties have complied with the court's judgment regarding division of matrimonial property.
- 3 What procedure should be followed for sale and distribution of the assets in the absence of agreement between the parties.
Ratio Decidendi
The court reaffirmed its earlier judgment that the listed assets constitute matrimonial property to be shared equally between the parties. As the parties failed to agree on the modalities of division within the stipulated period, the court authorized the plaintiff to sell the properties by private treaty at or above the court-determined valuations. The Deputy Registrar is empowered to execute necessary documents, and sale proceeds are to be deposited in court for subsequent distribution. This approach ensures compliance with the principle of equal division of matrimonial property and provides a practical mechanism for enforcement where parties are unable to cooperate.
Court Disposition
Application for enforcement of judgment allowed; plaintiff authorized to sell specified properties at or above court-determined values, proceeds to be deposited in court for equal distribution.
Orders
- Plaintiff authorized to sell the listed properties by private treaty at prices not below the court-determined valuations.
- Deputy Registrar to sign all relevant documents to facilitate sale and transfer.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL SUIT NO. 12 OF 2012 (OS)
C A O........................................................PLAINTIFF
VERSUS
W B O....................................................DEFENDANT
RULING
1. On 11th December 2014 I delivered a judgment where I declared that the assets placed before court and alleged to be matrimonial property were indeed matrimonial property, and I ordered that the same be shared equally between the plaintiff and the defendant. The said property being –
(a) Plot No. [Particulars Withheld] Service Scheme;
(b) Plot No. [Particulars Withheld] Service Scheme;
(c) Nairobi Block [Particulars Withheld] Komarock;
(d) Plot No. [Particulars Withheld] Sector 2;
(e) Motor vehicle [Particulars Withheld];
(f) Motor vehicle [Particulars Withheld];
(g) Motor vehicle [Particulars Withheld];
(h) Motor vehicle [Particulars Withheld]; and
(i) Motor vehicle [Particulars Withheld].
2. Further orders were made to the effect that the parties had been given six (6) months, from the date of the judgment, to agree on the modalities of the division thereof, failing which the properties were to be sold and the proceeds therefrom shared equally between the plaintiff and the defendant. The Deputy Registrar was empowered to sign the relevant documents to facilitate the sales and the subsequent transfers.
3. The plaintiff has come back to court indicating that the parties have to date not agreed on the mode of dividing the assets as ordered by the court, necessitating the sale thereof and the sharing of the proceeds therefrom.
4. On 12th May 2017, I directed that the said assets be valued for the purposes of sale. The plaintiff complied with the directions by having the landed assets valued, and relevant reports have been filed in court, prepared by Petrum Valuers.
5. The values attached to the said assets are as follows -.
(a) Plot No. [Particulars Withheld] Service Scheme: - Kshs. 22, 000, 000. 00;
(b) Plot No. [Particulars Withheld] Service Scheme: - Kshs. 27, 000, 000. 00;
(c) Nairobi Block [Particulars Withheld] Komarock: - Kshs. 8, 500, 000. 00; and
(d) Plot No. A. [Particulars Withheld] Sector 2: - Kshs. 46, 000, 000. 00.
6. I hereby authorize the plaintiff to put the property listed in paragraph 5 hereabove in the open market and to sell it by private treaty at prices that shall not be below the values attached to those assets as set out in the schedule in paragraph 5 above. The Deputy Registrar shall sign the relevant forms as per the terms of the judgment. Thereafter the proceeds of sale shall be deposited in court to await distribution between the plaintiff and the defendant.
7. The matter shall be mentioned after two (2) months for compliance. The date for mention shall be given in open court at the giving of these directions.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF SEPTEMBER, 2017.
W. MUSYOKA
JUDGE