[2017] KEHC 9749 (KLR)

[2017] KEHC 9749 (KLR)

The court found that while most of the shares were acquired before marriage, a portion was acquired during the marriage and their value increased during the union. The applicant, though not employed, contributed through domestic work and companionship, which is recognized as contribution under the Matrimonial...

Source-derived case information.

Citation
[2017] KEHC 9749 (KLR)
Parties
Applicant: P.H.S; Respondent: S.M.R
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 December 2017
Case Number
Family Appeal 11 of 2014
Procedural Posture
Originating Summons / Judgment
Outcome
judgment for the applicant
Judges
AO Muchelule, REA Ougo
Legal Topics
Matrimonial Property, Division of Property, Contribution to Property, Trusts in Marriage
Source Language
english
Family and Children Matrimonial Property Division of Property Contribution to Property Trusts in Marriage

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Parties

P.H.S

Applicant

S.M.R

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a share of the respondent's shares acquired during marriage as matrimonial property.
  2. 2 Whether the applicant is entitled to the return or value of gold gifted to her at the wedding and allegedly retained by the respondent.
  3. 3 What proportion of the shares and gold, if any, constitute matrimonial property subject to division.

Ratio Decidendi

The court found that while most of the shares were acquired before marriage, a portion was acquired during the marriage and their value increased during the union. The applicant, though not employed, contributed through domestic work and companionship, which is recognized as contribution under the Matrimonial Property Act. The court estimated that shares worth Kshs.3,000,000 constituted matrimonial property and awarded the applicant 30% of this value, amounting to Kshs.1,000,000. Regarding the gold, the court found it was specifically gifted to the applicant for her use and that the respondent had taken gold worth Kshs.3,037,920, to which the applicant was entitled. The total judgment sum...

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant in the sum of Kshs.4,037,920 together with interest at court rates from the date of judgment until full payment.
  • The respondent shall pay the costs of the suit.