Peter Masula Killingo v Grace Nabiki Masula [2021] KECA 909 (KLR)

Facts

The High Court of Kenya at Meru (Mabeya, J.) decreed that the respondent (Grace Nabiki Masula) was entitled to 50% of the properties known as Nyaki/Mulanthankari/450 and Kitharene Adjudication Section Nos. 1411 and 1567; that the properties be valued and the applicant, Peter Masula Killingo pay to the respondent 50% of the value of the properties in default execution to issue.

Issues

1. Whether the appeal is arguable
2. Whether the Judge was wrong to hold that property acquired by the applicant through inheritance was part of matrimonial property
3. Whether the Judge was right to order that the parties to the marriage were bound to share matrimonial property at 50% each

Reasoning

The Court found the appeal to be arguable and noted that the respondent has valued the properties and is in the process of execution, which would render the intended appeal nugatory.

Outcome

The Motion is allowed and the execution of the Judgment of the High Court sitting at Meru dated 14th April, 2020 is stayed.

Authorities cited