[2019] KEHC 2063 (KLR)

[2019] KEHC 2063 (KLR)

The court found that Kajiado/Ntashart/[…] was acquired solely by the applicant before the marriage, with no credible evidence of monetary or non-monetary contribution by the respondent. Therefore, it is not matrimonial property and belongs absolutely to the applicant. In contrast, Ngong/Ngong/[…] was acquired and developed during the marriage, and while the respondent's evidence of direct monetary contribution was insufficient, the court accepted that both parties contributed to its development, at least in non-monetary terms. Given the lack of precise evidence on the extent of each party's contribution, the court held that the property should be deemed to be held in trust for both...

Citation
[2019] KEHC 2063 (KLR)
Parties
Plaintiff: PKG; Defendant: EWK
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
22 November 2019
Case Number
Matrimonial Cause 9 of 2018
Procedural Posture
Matrimonial Cause / Judgment
Outcome
Partly allowed; declarations granted in respect of both properties; equal division of Ngong/Ngong/[…]; no costs awarded.
Judges
EC Mwita
Legal Topics
Matrimonial Property, Division of Property, Contribution Assessment, Trusts in Marriage
Source Language
English
Family and Children Matrimonial Property Division of Property Contribution Assessment Trusts in Marriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PKG

Plaintiff

EWK

Defendant

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether Kajiado/Ntashart/[…] is matrimonial property subject to division upon dissolution of marriage.
  2. 2 Whether Ngong/Ngong/[…] is matrimonial property and the parties' respective shares therein.
  3. 3 Whether the respondent made monetary or non-monetary contributions to the acquisition and development of the properties.

Ratio Decidendi

The court found that Kajiado/Ntashart/[…] was acquired solely by the applicant before the marriage, with no credible evidence of monetary or non-monetary contribution by the respondent. Therefore, it is not matrimonial property and belongs absolutely to the applicant. In contrast, Ngong/Ngong/[…] was acquired and developed during the marriage, and while the respondent's evidence of direct monetary contribution was insufficient, the court accepted that both parties contributed to its development, at least in non-monetary terms. Given the lack of precise evidence on the extent of each party's contribution, the court held that the property should be deemed to be held in trust for both...

Court Disposition

Partly allowed; declarations granted in respect of both properties; equal division of Ngong/Ngong/[…]; no costs awarded.

Orders

  • Declaration that Kajiado/Ntashart/[…] is not matrimonial property and belongs absolutely to PKG.
  • Declaration that Ngong/Ngong/[…] is matrimonial property held in trust by PKG for himself and EWK in equal shares.