[2018] KEHC 9258 (KLR)

[2018] KEHC 9258 (KLR)

The court found that the applicant had established a prima facie case for injunctive relief. The applicant's evidence, including her sworn affidavit and the unrebutted claim that the respondent had advertised the matrimonial home for sale, demonstrated an interest in the properties. The court held that, under the...

Source-derived case information.

Citation
[2018] KEHC 9258 (KLR)
Parties
Applicant: T N K; Respondent: J K N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Suit 2 of 2018
Procedural Posture
Originating Summons / Ruling on Interlocutory Injunction
Outcome
interlocutory injunction granted
Judges
AO Muchelule
Legal Topics
Matrimonial Property, Spousal Contribution, Injunctive Relief, Trusts in Land
Source Language
en
Family and Children Land and Property Matrimonial Property Spousal Contribution Injunctive Relief Trusts in Land

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Summary, issues, holding and outcome

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Parties

T N K

Applicant

J K N

Respondent

Procedural Posture

Originating Summons / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant has demonstrated a prima facie interest in the disputed properties to warrant injunctive relief pending determination of the originating summons.
  2. 2 Whether the properties registered in the respondent's name constitute matrimonial property acquired and improved during the marriage through joint efforts.
  3. 3 Whether the applicant made direct or indirect contributions, monetary or non-monetary, towards acquisition and improvement of the properties.

Ratio Decidendi

The court found that the applicant had established a prima facie case for injunctive relief. The applicant's evidence, including her sworn affidavit and the unrebutted claim that the respondent had advertised the matrimonial home for sale, demonstrated an interest in the properties. The court held that, under the Matrimonial Property Act and Land Registration Act, a spouse's contribution—whether monetary or non-monetary—confers an interest in matrimonial property, and such interest is capable of protection by injunction. The extent of the applicant's interest would be determined at the hearing of the originating summons, but pending that determination, her rights warranted protection to...

Court Disposition

interlocutory injunction granted

Orders

  • An injunction is issued restraining the respondent or any person acting under him from selling, subdividing, transferring, leasing, or in any other way alienating LR No. [particulars withheld] Ngong township, LR No. Ngong/Ngong/[particulars withheld], LR Ngong/Ngong/[particulars withheld], and plot No. [particulars...
  • Costs shall follow the event.