[2014] KEHC 7575 (KLR)
The court found that both the instant suit and the Kakamega HCCC No. 32 of 2012 concern the same matrimonial property and parties. The Kakamega suit seeks to preserve property that is at risk of being transferred in a manner that could defeat the present suit. Given the overlap in subject matter and the risk of...
Source-derived case information.
- Citation
- [2014] KEHC 7575 (KLR)
- Parties
- Applicant: D K W; Respondent: H R W S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 47 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings
- Outcome
- Application for stay of proceedings granted.
- Judges
- DN Musyoka
- Legal Topics
- Matrimonial Property, Stay of Proceedings, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D K W
Applicant
H R W S
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the proceedings in this suit should be stayed pending the determination of Kakamega HCCC No. 32 of 2012.
- 2 Whether both suits concern the same subject matter, namely matrimonial property.
- 3 Whether there is a risk of property being disposed of to defeat the suit.
Ratio Decidendi
The court found that both the instant suit and the Kakamega HCCC No. 32 of 2012 concern the same matrimonial property and parties. The Kakamega suit seeks to preserve property that is at risk of being transferred in a manner that could defeat the present suit. Given the overlap in subject matter and the risk of injustice, the court determined that it was appropriate to stay the proceedings in the present suit pending the outcome of the Kakamega case. The application for stay was therefore merited and granted.
Court Disposition
Application for stay of proceedings granted.
Orders
- Proceedings in this suit are stayed pending the hearing and determination of Kakamega HCCC No. 32 of 2012.
- The applicant is awarded costs of the application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. 47 OF 2012
D K W……….….….APPLICANT
VERSUS
H R W S……..….RESPONDENT
RULING
1. The Motion dated 22nd February 2013 seeks stay of the proceedings herein pending the hearing and determination of Kakamega HCCC No. 32 of 2012 between H R S W –vs- D K W & 2 others. The instant suit is for division of matrimonial property, while the Kakamega cause seeks cancellation of transfer of matrimonial property which the respondent was apparently disposing of to defeat this suit.
2. There are affidavits sworn by D A and H R S W on record. All these parties concede that both suits touch on matrimonial property. The Kakamega property actually seeks to preserve property that is at the verge of being transferred to defeat this suit.
3. I find merit in the application dated 22nd February 2013. There shall be orders in terms of prayer 2 of the Motion. The applicant shall have costs of the application.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE