[2025] KEHC 5647 (KLR)

[2025] KEHC 5647 (KLR)

The court found that the preliminary objection based on Section 19 of the Civil Procedure Code was without merit, as the application was filed together with the originating summons, thus constituting a primary suit. The court further held that interlocutory reliefs, such as injunctions, are available in matrimonial property disputes even where the parties are not officially divorced. Exercising its discretion, the court granted an order restraining the defendant from selling, alienating, washing, renting, or transferring the specified parcels of land to the detriment of the plaintiff pending the hearing and determination of the main suit. Costs of the application were ordered to be in the...

Citation
[2025] KEHC 5647 (KLR)
Parties
Plaintiff: JK; Defendant: JYK
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Matrimonial Cause E003 of 2024
Procedural Posture
Matrimonial Cause / Ruling on Preliminary Objection and Interlocutory Application
Outcome
Preliminary objection overruled; interlocutory injunction granted.
Judges
SM Mohochi
Legal Topics
Matrimonial Property, Interlocutory Injunctions, Preliminary Objection, Spousal Rights
Source Language
English
Family and Children Civil Procedure Matrimonial Property Interlocutory Injunctions Preliminary Objection Spousal Rights

Case Brief

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Parties

JK

Plaintiff

JYK

Defendant

Procedural Posture

Matrimonial Cause / Ruling on Preliminary Objection and Interlocutory Application

Legal Issues

  1. 1 Whether a preliminary objection on the basis of Section 19 of the Civil Procedure Code is sustainable in a matrimonial cause.
  2. 2 Whether interlocutory relief can be granted in a matrimonial property dispute where the parties are not officially divorced.
  3. 3 Whether the plaintiff is entitled to an injunction restraining the defendant from dealing with the suit properties pending determination of the main suit.

Ratio Decidendi

The court found that the preliminary objection based on Section 19 of the Civil Procedure Code was without merit, as the application was filed together with the originating summons, thus constituting a primary suit. The court further held that interlocutory reliefs, such as injunctions, are available in matrimonial property disputes even where the parties are not officially divorced. Exercising its discretion, the court granted an order restraining the defendant from selling, alienating, washing, renting, or transferring the specified parcels of land to the detriment of the plaintiff pending the hearing and determination of the main suit. Costs of the application were ordered to be in the...

Court Disposition

Preliminary objection overruled; interlocutory injunction granted.

Orders

  • The preliminary objection is overruled.
  • An order restraining the defendant, his agents, servants or employees from selling, alienating, washing, renting or transferring in any way parcels of land in Kiamunyi Residential Plot No.18 and Moka Housing Cooperative Scheme to the detriment of the plaintiff, pending hearing and determination of the main suit.