[2019] KEHC 8842 (KLR)

[2019] KEHC 8842 (KLR)

The court found that the properties in question were acquired during the subsistence of the marriage, and the applicant made substantial contributions, both direct and indirect, to their acquisition and development. Although the exact proportion of each party's contribution was unclear, the court applied the...

Source-derived case information.

Citation
[2019] KEHC 8842 (KLR)
Parties
Applicant: MKM; Respondent: JOM
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Civil Suit 544 of 2012
Procedural Posture
Originating Summons / Judgment
Outcome
partly allowed
Legal Topics
Matrimonial Property Division, Beneficial Interest, Customary Marriage, Contribution to Property, Trusts in Family Property
Source Language
en
Family and Children Land and Property Matrimonial Property Division Beneficial Interest Customary Marriage Contribution to Property Trusts in Family Property

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Summary, issues, holding and outcome

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Parties

MKM

Applicant

JOM

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a share of the properties acquired during the marriage.
  2. 2 Whether the applicant is entitled to specific parcels of land and/or compensation for the demolished matrimonial home.
  3. 3 Whether the respondent should contribute financially to the applicant's new home.

Ratio Decidendi

The court found that the properties in question were acquired during the subsistence of the marriage, and the applicant made substantial contributions, both direct and indirect, to their acquisition and development. Although the exact proportion of each party's contribution was unclear, the court applied the principle that where contributions are substantial but unascertainable, equality is equity. However, due to the current occupation of certain parcels by the respondent and his current wife, and the acrimonious relationship between the parties, the court determined it would not be prudent to allocate the applicant a small portion within the respondent's homestead. Instead, the...

Court Disposition

partly allowed

Orders

  • Parcel no. Wanjare/Bogiakumu/xxxx and Wanjare/Bogiakimu/xxxx are not available for distribution.
  • The applicant shall have parcel no. West/Kitutu/Bomatara/xxxx; the respondent shall contribute Kshs. 2.5 million towards construction of a house for the applicant on this parcel.