[2020] KEHC 4826 (KLR)
The court found that the properties in dispute were acquired during the subsistence of the marriage and are the subject of a pending matrimonial cause in which the applicant seeks a determination of her contribution and equitable share. To prevent prejudice and ensure that the court's determination in the...
Source-derived case information.
- Citation
- [2020] KEHC 4826 (KLR)
- Parties
- Appellant: FN; Respondent: PKM
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 21 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Proceedings
- Outcome
- application for stay of proceedings allowed
- Legal Topics
- Matrimonial Property, Stay of Proceedings, Equitable Share, Eviction, Property Acquisition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FN
Appellant
PKM
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings in Nkubu ELC No. 25 of 2019 should be stayed pending determination of the matrimonial cause.
- 2 Whether the applicant has an equitable share in the properties acquired during the marriage.
- 3 Whether transactions involving the disputed properties should be stalled until the matrimonial cause is determined.
Ratio Decidendi
The court found that the properties in dispute were acquired during the subsistence of the marriage and are the subject of a pending matrimonial cause in which the applicant seeks a determination of her contribution and equitable share. To prevent prejudice and ensure that the court's determination in the matrimonial cause is not rendered nugatory, it is necessary to stay the proceedings in Nkubu ELC No. 25 of 2019 and stall any transactions involving the properties until the matrimonial cause is heard and determined. The application for stay was therefore allowed, with costs to be in the cause.
Court Disposition
application for stay of proceedings allowed
Orders
- Proceedings in Nkubu ELC No. 25 of 2019 are stayed pending hearing and determination of High Court Civil Appeal No. 21 of 2019.
- Any transactions involving LR Nkuene/Taita/xxx and LR 935 are stalled pending determination of the matrimonial cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CIVIL APPEAL NO. 21 OF 2019
FN.................................................................................1ST APPELLANT
VERSUS
PKM...................................................................................RESPONDENT
RULING
Application dated 18. 7.2019 seeks for orders to stay proceedings in Nkubu ELC No. 25 of 2019 which subject matter is LR Nkuene/Taita/xxx and xxx which the applicant /plaintiff herein has been sued by her former husband seeking that she be evicted whereas she has also filed the matrimonial cause herein no. 21 of 2019 seeking that the court determines whether she contributed to the acquisition of the 2 properties and if so what is her equitable share over the said properties.
The parties herein got married on 22. 12. 1990 at MCK Kigane. The properties in question were acquired and registered in the name of PKM on 21. 9.1992 for LR 935 and 5. 7.1991 for LRxxx respectively during the subsistence of the marriage between the parties herein and will be necessary that any transanctions involving the 2 properties is staled pending the hearing and determination of the cause herein and it will be necessary that any transactions involving the 2 properties is stalled pending the hearing and determination of the cause herein.
Application dated 18th July 2019 is therefore allowed. Costs of the application to be in the cause.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON12TH DAY OF MARCH 2020.
In the presence of :
C/A: Kinoti :-
Mr Kiome Advocate for Respondent – N/A
Mr Kiogora Arithi Advocate for Applicant – N/A
Court
Notice of Ruling to be issued by DR.
HON A. ONG’INJO
JUDGE