[2025] KEHC 9179 (KLR)

[2025] KEHC 9179 (KLR)

The court found that the Defendant had persistently disobeyed previous court orders requiring equal sharing of the rental income and occupation of the matrimonial property. The Defendant's claim of pending stay of execution was unsubstantiated, as the application for stay had already been determined and dismissed. The court held that the Plaintiff's application was not for review but for implementation of existing orders and decrees. In the absence of any valid stay, the Plaintiff was entitled to enforcement of her rights under the judgment, including collection of her share of rental income and occupation of her portion of the property. The court allowed the application, ordering the...

Citation
[2025] KEHC 9179 (KLR)
Parties
Applicant: MMK; Respondent: JMN
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Originating Summons 3 of 2018
Procedural Posture
Originating Summons / Ruling on Interlocutory Application for Injunction and Eviction
Outcome
Application allowed with modifications.
Judges
EN Maina
Legal Topics
Matrimonial Property, Division of Property, Rental Income Disputes, Injunctions, Eviction Orders
Source Language
English
Family and Children Land and Property Matrimonial Property Division of Property Rental Income Disputes Injunctions Eviction Orders

Case Brief

Summary, issues, holding and outcome

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Parties

MMK

Applicant

JMN

Respondent

Procedural Posture

Originating Summons / Ruling on Interlocutory Application for Injunction and Eviction

Legal Issues

  1. 1 Whether the Defendant should be restrained by injunction from collecting rent from the eight rental flats on the matrimonial property.
  2. 2 Whether the Defendant should be evicted from the matrimonial home to allow for valuation and renting out of the property.
  3. 3 Whether the Plaintiff is entitled to collect rent from the eight rental flats until her share is recovered.

Ratio Decidendi

The court found that the Defendant had persistently disobeyed previous court orders requiring equal sharing of the rental income and occupation of the matrimonial property. The Defendant's claim of pending stay of execution was unsubstantiated, as the application for stay had already been determined and dismissed. The court held that the Plaintiff's application was not for review but for implementation of existing orders and decrees. In the absence of any valid stay, the Plaintiff was entitled to enforcement of her rights under the judgment, including collection of her share of rental income and occupation of her portion of the property. The court allowed the application, ordering the...

Court Disposition

Application allowed with modifications.

Orders

  • The Defendant is restrained by injunction from collecting rent from the four flats due to the Plaintiff.
  • The Defendant shall vacate the four flats allocated to the Plaintiff forthwith.