[2007] KEHC 3127 (KLR)
The court, having previously determined that the matrimonial properties are jointly owned by the parties in equal shares, accepted the applicant's unopposed proposal for division. In the absence of any submissions or objections from the respondent, the court ordered that the three specified properties be registered...
Source-derived case information.
- Citation
- [2007] KEHC 3127 (KLR)
- Parties
- Plaintiff: Florence Kerubo; Defendant: Moses W. Makunda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 5 of 2002
- Procedural Posture
- Civil Case / Ruling on Division of Matrimonial Property
- Outcome
- Application for division of matrimonial property allowed as proposed by the applicant.
- Judges
- KH Rawal
- Legal Topics
- Matrimonial Property Division, Joint Ownership, Tenancy in Common
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Kerubo
Plaintiff
Moses W. Makunda
Defendant
Procedural Posture
Civil Case / Ruling on Division of Matrimonial Property
Legal Issues
- 1 How should the matrimonial properties be divided between the parties after the judgment finding joint ownership in equal shares?
- 2 What is the appropriate mode of registration for the properties in question?
Ratio Decidendi
The court, having previously determined that the matrimonial properties are jointly owned by the parties in equal shares, accepted the applicant's unopposed proposal for division. In the absence of any submissions or objections from the respondent, the court ordered that the three specified properties be registered in the joint names of both parties as tenants in common in equal shares. This ensures that the legal and beneficial interests of both parties are protected and that the division is effected in accordance with the court's earlier findings and the principles governing matrimonial property division.
Court Disposition
Application for division of matrimonial property allowed as proposed by the applicant.
Orders
- The three properties, namely L.R. No.5335/3 and 5335/4 Endebes (20 acres), L.R. No. Bulchoyo/Mundika/1376 (0.45 hectares), and South Teso Angoromo/1085 (1.01 hectares), shall be registered in the joint names of the parties as tenants in common in equal shares.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 5 of 2002
FLORENCE KERUBO …………………………………. PLAINTIFF
VERSUS
MOSES W. MAKUNDA …………..….……………… DEFENDANT
RULING
Further to my judgment dated 21st September, 2006 I invited both the counsel to submit on how matrimonial properties should be actually divided between the two.
I have already found that the matrimonial properties are jointly owned by the parties in equal shares.
Only the Applicant filed her affidavit as to the mode of division of the three properties.
Without anything in response from the Respondent, I shall accept her proposals.
I thus order that the three properties namely:
(a) L.R. No.5335/3 and 5335/4 Endebes admeasuring 20 acres
(b) L.R. No. Bulchoyo/Mundika/1376 admeasuring 0. 45 hectares, and
(c) South Teso Angoromo/1085 admeasuring 1. 01 hectares
be registered in joint names of the parties as tenants in common in equal shares.
Orders accordingly.
Dated and signed this 23rd March, 2007.
K.H. RAWAL
JUDGE
23. 3.07