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Kenya decisions
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AKK v PKW [2024] KEHC 8828 (KLR)
The High Court preserved listed matrimonial properties and company shares pending divorce proceedings, but declined to order eviction from the matrimonial home.
In re CWN (Subject) [2024] KEHC 5324 (KLR)
The High Court dismissed an application for preservation orders over disputed land in a guardianship matter, holding that the subject’s legal rights were not established and standing was lacking.
RW v LKW [2023] KEHC 25017 (KLR)
The court found that the applicant had established a prima facie case for the preservation of the listed matrimonial properties, as she demonstrated a legitimate interest in the properties acquired during the marriage and a real risk of irreparable harm if the properties were disposed of before the suit's determination. The court held that the question of whether the properties are matrimonial and the parties' respective shares could only be determined after a full hearing. At this interlocutory stage, the court's role was limited to assessing whether the applicant met the threshold for an in…
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ASM v JOO [2022] KEHC 10542 (KLR)
The High Court held it had jurisdiction under section 17 of the Matrimonial Property Act to preserve matrimonial property while divorce proceedings were pending.
Francis Mbaka v Agnes Wanja Francis [2021] KEELC 2453 (KLR)
The court granted an inhibition order over three land parcels in a matrimonial property dispute, declined to certify the application urgent, and set the matter down for inter partes hearing.
WKM v RNK [2019] KEHC 11847 (KLR)
The High Court granted preservation orders over listed matrimonial assets pending determination of a divorce cause, finding jurisdiction under section 17 of the Matrimonial Property Act.
GDM v CMM [2019] KEHC 4268 (KLR)
The court found that the applicant and respondent acquired property during the marriage, and that there was a real risk of dissipation of assets by the respondent, which could render the outcome of the suit nugatory if not preserved. The court exercised its discretion to issue an inhibition order over the disputed land and a temporary injunction restraining dealings with the listed motor vehicles, finding that the applicant had demonstrated sufficient grounds for preservation. On maintenance, the court held that while the applicant was not in the matrimonial home and had not provided a detail…
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R W K v P K K [2017] KEHC 902 (KLR)
The High Court in Nairobi adjourned a matrimonial property hearing and preserved the disputed properties under section 17 of the Matrimonial Property Act pending final determination.
M E W v J L L & another [2017] KEHC 4858 (KLR)
The High Court found the 1st respondent in contempt for breaching preservation orders over matrimonial property, and extended those orders to a lorry.
S K v H K K [2017] KEHC 8168 (KLR)
Interlocutory ruling in a matrimonial property dispute over two vehicles. The court rejected impounding and ordered each party to keep and maintain one vehicle pending trial.
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