Kenya Case Law

AAL v GWM; Kinoti Kimathi & Company Advocates & 2 others (Interested Parties)

AAL v GWM; Kinoti Kimathi & Company Advocates & 2 others (Interested Parties) [2024] KEHC 8007 (KLR)

Court

High Court

Case number

Family Originating Summons E090 of 2023

Judge

PM Nyaundi

The court found that the 1st and 2nd interested parties, being advocates who acted for the respondent in the conveyance, had no legal or proprietary interest in the suit properties and were improperly joined. Their joinder was not necessary for the resolution of the dispute, which centered on the proprietary rights between the applicant and respondent. On the issue of injunction, the court held that the applicant had demonstrated a prima facie case with a probability of success, as the properties were acquired during the marriage and there was a real risk of their alienation to his detriment.…

Source excerpt

• Matrimonial Property Disputes
• Injunctive Relief
• Joinder Of Parties
• Ownership Of Land
• Division Of Matrimonial Assets

M B O v J O O

M B O v J O O [2018] KECA 748 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 81 of 2017

Judges

ARM Visram, J Karanja, FI Koome

The Court of Appeal found that the trial Judge erred by failing to fully consider the appellant's direct and indirect contributions to the acquisition and development of the matrimonial property, including her long-term employment, loans taken for family needs, and non-monetary contributions such as domestic work and child care. The Court emphasized that under the Constitution of Kenya 2010 and the Matrimonial Property Act 2013, both monetary and non-monetary contributions must be recognized in the division of matrimonial property. The Court held that, given the length of the marriage, the ap…

Source excerpt

• Matrimonial Property Distribution
• Beneficial Interest
• Monetary And Non Monetary Contribution
• Division Of Matrimonial Assets

M E W v J L L & another

M E W v J L L & another [2017] KEHC 4858 (KLR)

Court

High Court

Case number

Divorce Cause 4 of 2011

Judge

AG Ndung'u

The High Court found the 1st respondent in contempt for breaching preservation orders over matrimonial property, and extended those orders to a lorry.

• Matrimonial Property Preservation
• Contempt Of Court
• Injunctions
• Division Of Matrimonial Assets
• Contempt-of-court
• Matrimonial-property