[2025] KEHC 9061 (KLR)

[2025] KEHC 9061 (KLR)

The court determined that, in order to resolve the dispute over the division of matrimonial property, it is essential to first establish the precise boundaries and registration details of the suit properties. The court directed the County Surveyor and Land Registrar to visit the properties, delineate boundaries, assess current occupation and land use, and compare registrable instruments as indexed in the Green Cards. This expert evidence is necessary to crystallize the net estate subject to division under the Matrimonial Property Act, ensuring that the division is based on accurate and reliable information regarding the properties in question.

Citation
[2025] KEHC 9061 (KLR)
Parties
Applicant: DCC; Respondent: IKK
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
27 June 2025
Case Number
Matrimonial Cause E005 of 2024
Procedural Posture
Matrimonial Cause / Pre Trial Conference and Commencement of Main Trial
Outcome
Interlocutory order for expert survey and registration report prior to further hearing.
Judges
RN Nyakundi
Legal Topics
Matrimonial Property, Division of Property, Land Boundaries, Land Registration
Source Language
English
Family and Children Land and Property Matrimonial Property Division of Property Land Boundaries Land Registration

Case Brief

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Parties

DCC

Applicant

IKK

Respondent

Procedural Posture

Matrimonial Cause / Pre Trial Conference and Commencement of Main Trial

Legal Issues

  1. 1 Whether the boundaries and extent of the suit properties can be accurately determined for the purpose of division of matrimonial property.
  2. 2 Whether the registrable instruments and occupation details support the parties' respective claims to the properties.

Ratio Decidendi

The court determined that, in order to resolve the dispute over the division of matrimonial property, it is essential to first establish the precise boundaries and registration details of the suit properties. The court directed the County Surveyor and Land Registrar to visit the properties, delineate boundaries, assess current occupation and land use, and compare registrable instruments as indexed in the Green Cards. This expert evidence is necessary to crystallize the net estate subject to division under the Matrimonial Property Act, ensuring that the division is based on accurate and reliable information regarding the properties in question.

Court Disposition

Interlocutory order for expert survey and registration report prior to further hearing.

Orders

  • The County Surveyor Uasin Gishu and the Land Registrar shall visit the suit properties referenced as LR Uasin Gishu/Illula Settlement Scheme/XXXX and LR Uasin Gishu/Illula Settlement Scheme/XXXX to determine and delineate boundaries, assess land use and occupation, and compare registrable instruments as indexed in...
  • The experts shall file their reports and provide testimony at the next hearing scheduled for 14th July 2025.