[2025] KEHC 6480 (KLR)

[2025] KEHC 6480 (KLR)

The court found that the applicant, by virtue of her marriage to the respondent and her demonstrated contribution to the acquisition and/or development of the properties, had established a prima facie stake in the properties. The court held that it would be just and equitable to preserve the status quo by granting preservation orders over the listed land parcels pending the hearing and determination of the main suit. The question of whether the properties are matrimonial property and the extent of the applicant's interest would be determined at trial upon consideration of the parties' evidence. The court therefore allowed the application in terms of the prayers seeking preservation and...

Citation
[2025] KEHC 6480 (KLR)
Parties
Applicant: Mellab Oranga Masai; Respondent: Pius Masai Mwachi
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
16 May 2025
Case Number
Matrimonial Case 4 of 2023
Procedural Posture
Matrimonial Cause / Ruling on Interlocutory Application for Preservation Orders
Outcome
Application allowed; preservation orders granted as prayed in prayers 3 and 4 of the application; costs in the cause.
Judges
S Mbungi
Legal Topics
Matrimonial Property, Preservation Orders, Land Registration, Spousal Contribution
Source Language
English
Family and Children Land and Property Matrimonial Property Preservation Orders Land Registration Spousal Contribution

Case Brief

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Parties

Mellab Oranga Masai

Applicant

Pius Masai Mwachi

Respondent

Procedural Posture

Matrimonial Cause / Ruling on Interlocutory Application for Preservation Orders

Legal Issues

  1. 1 Whether the applicant is entitled to preservation orders over the listed land parcels pending determination of the suit.
  2. 2 Whether the properties in question constitute matrimonial property under the law.
  3. 3 Whether the applicant has demonstrated a prima facie stake in the properties sufficient to warrant preservation.

Ratio Decidendi

The court found that the applicant, by virtue of her marriage to the respondent and her demonstrated contribution to the acquisition and/or development of the properties, had established a prima facie stake in the properties. The court held that it would be just and equitable to preserve the status quo by granting preservation orders over the listed land parcels pending the hearing and determination of the main suit. The question of whether the properties are matrimonial property and the extent of the applicant's interest would be determined at trial upon consideration of the parties' evidence. The court therefore allowed the application in terms of the prayers seeking preservation and...

Court Disposition

Application allowed; preservation orders granted as prayed in prayers 3 and 4 of the application; costs in the cause.

Orders

  • An order is issued for preservation preventing any form of dealings on Land parcels Registration numbers Butsotso/Shikoti/XXXX (seven parcels as listed in the application).
  • The Land Registrar Kakamega Lands Registry is directed to ensure compliance with the preservation orders.