[2025] KEHC 10592 (KLR)

[2025] KEHC 10592 (KLR)

The court found that the matrimonial home is registered in the joint names of both parties, establishing prima facie entitlement for both to access and occupy the property. The Applicant demonstrated that he has been excluded from the home and is suffering hardship as a result. The Respondent's objections, while...

Source-derived case information.

Citation
[2025] KEHC 10592 (KLR)
Parties
Applicant: PWK; Respondent: KWK
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 July 2025
Case Number
Civil Case E001 of 2024
Procedural Posture
Civil Case / Interlocutory Application Ruling
Outcome
Interim orders granted in favour of the Applicant; Respondent to pay half of assessed rent or vacate; Applicant granted access to collect belongings; costs to await outcome of main suit.
Judges
HK Chemitei
Legal Topics
Matrimonial Property Access, Joint Ownership, Interlocutory Injunctions, Division of Matrimonial Property
Source Language
english
Family and Children Land and Property Matrimonial Property Access Joint Ownership Interlocutory Injunctions Division of Matrimonial Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

PWK

Applicant

KWK

Respondent

Procedural Posture

Civil Case / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the Applicant is entitled to interim access to the matrimonial home pending determination of the main suit.
  2. 2 Whether the Respondent should be restrained from denying the Applicant access to the matrimonial property.
  3. 3 Whether the Applicant is entitled to collect his personal belongings from the matrimonial home.

Ratio Decidendi

The court found that the matrimonial home is registered in the joint names of both parties, establishing prima facie entitlement for both to access and occupy the property. The Applicant demonstrated that he has been excluded from the home and is suffering hardship as a result. The Respondent's objections, while raising constitutional and procedural issues, did not sufficiently rebut the Applicant's legal and equitable rights as a joint owner. The court determined that, pending the full hearing of the substantive originating summons, it is just to grant the Applicant interim relief by ordering the Respondent to pay half the assessed market rent to the Applicant if she remains in...

Court Disposition

Interim orders granted in favour of the Applicant; Respondent to pay half of assessed rent or vacate; Applicant granted access to collect belongings; costs to await outcome of main suit.

Orders

  • An estate agent to be agreed by the parties, or each party to appoint one, shall within 14 days assess the monthly current market rent of Maisonette No X, Hillside Court Upperhill.
  • The Respondent shall pay half of the assessed monthly rent to the Applicant by every 5th day of each month with effect from 5th August 2025 until determination of the cause or further orders; in default, the Applicant may execute.