[2012] KEHC 3610 (KLR)

[2012] KEHC 3610 (KLR)

The court found that the parties had jointly acquired several properties during their marriage and that, in the absence of evidence as to the value of the properties and motor vehicles, the most equitable solution was to divide the properties equally. Where physical division was not feasible, the properties should be sold and the proceeds shared equally, or alternatively, one party could pay the other half the value and retain the properties. The court declined to make orders regarding the motor vehicles due to insufficient evidence. Each party was ordered to bear their own costs.

Citation
[2012] KEHC 3610 (KLR)
Parties
Plaintiff: F.K; Respondent: A.W.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 January 2012
Case Number
Civil Suit 57 of 2008
Procedural Posture
Civil Suit / Judgment
Outcome
matrimonial properties to be divided as specified; each party to bear own costs
Judges
I Lenaola
Legal Topics
Matrimonial Property Division, Joint Property Acquisition, Property Valuation, Spousal Entitlement
Source Language
English
Family and Children Land and Property Matrimonial Property Division Joint Property Acquisition Property Valuation Spousal Entitlement

Case Brief

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Parties

F.K

Plaintiff

A.W.K

Respondent

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the listed properties constitute matrimonial property subject to division upon dissolution of marriage.
  2. 2 What is the appropriate mode of division of the jointly acquired matrimonial properties.
  3. 3 Whether the parties are entitled to specific properties or to an equal share of the proceeds from sale of the properties.

Ratio Decidendi

The court found that the parties had jointly acquired several properties during their marriage and that, in the absence of evidence as to the value of the properties and motor vehicles, the most equitable solution was to divide the properties equally. Where physical division was not feasible, the properties should be sold and the proceeds shared equally, or alternatively, one party could pay the other half the value and retain the properties. The court declined to make orders regarding the motor vehicles due to insufficient evidence. Each party was ordered to bear their own costs.

Court Disposition

matrimonial properties to be divided as specified; each party to bear own costs

Orders

  • Plots Nos. 13 and 14 on L.R. No. [...] to be sold and proceeds shared equally, or alternatively, one party may pay the other half the value and retain both plots.
  • Plot No.13 [...] to be sold and proceeds shared equally.