The High Court dismissed a matrimonial property claim over assets registered to a company, holding that company assets are not divisible as matrimonial property in family proceedings.
The High Court allowed an application for production of a joint bank statement relevant to property-contribution issues, finding no concrete prejudice to the respondent.
High Court upheld a finding of presumed marriage from long cohabitation and confirmed that property acquired during the relationship was matrimonial property.
The High Court held that three jointly registered properties were matrimonial property and ordered them sold with proceeds shared equally. The Muranga property claim failed.
The court found that the Applicant was properly served with the application and notices, but the draft response annexed to her application raised triable issues regarding her alleged contribution to the acquisition and development of the suit property. The court emphasized the importance of affording every party a fair hearing and the need to exercise its discretion to set aside ex parte orders where justice demands. The court held that no prejudice would be occasioned to the Respondent if the matter was heard on merit, and that denying the Applicant an opportunity to be heard would amount to…
The Court dismissed the application for review because the grounds raised by the applicant amounted to a disguised appeal seeking reconsideration of the evidence and the court's application of the law regarding matrimonial property division, rather than demonstrating the exceptional circumstances required for the court's limited residual review jurisdiction (such as fraud, nullity, being misled, or reliance on repealed law).
The court has jurisdiction to hear the Originating Summons and the related application for a temporary injunction, as the existence of a valid marriage is a contested factual issue that requires evidence and cannot be determined at the preliminary stage. The applicant has also established a prima facie case with a reasonable probability of success and stands to suffer irreparable loss, justifying the grant of a temporary injunction to preserve the suit properties pending the determination of the Originating Summons.
Matrimonial property dispute over several assets after divorce. The High Court apportioned shares based on contribution, split one jointly owned property equally, and excluded others from division.
The High Court at Mombasa found two disputed properties were matrimonial property and ordered valuation, possible apportionment, or sale and equal sharing.