Ramadhan v Juma (Civil Appeal (Application) 28 of 2018) [2023] KECA 76 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 76
- Citation
- [2023] KECA 76 (KLR)
- Decided
- 3 February 2023
The Court does not set aside the consent judgment but orders that pending the sale of the properties, all rent collected by the respondent be deposited in a joint account, with 25% of the rent paid to the applicant monthly until the properties are sold.
Facts
The applicant, Awa Mohamed Ramadhan, sought declarations regarding her shares in matrimonial properties. The High Court awarded her a 25% share in Plot No. 151/xvii/Mombasa Island and 25% value of Plot No. Kili/Mtwapa 3820, along with Ksh. 100,000 for her contribution towards the development of Plot No. Kili/Mtwapa 584. The High Court also remitted the matter to the High Court for a valuer's report.
Issues
- Whether the High Court's decision was in compliance with the Court of Appeal's judgment.
- Whether the consent judgment should be enforced or set aside due to the respondent's non-compliance with the sale of the properties.
Reasoning
The Court re-examined the consent judgment and found it well-intended, but the respondent has been frustrating the sale. The Court orders rent to be deposited in a joint account to ensure compliance with the consent judgment.
Outcome
The Court orders the respondent to deposit rent in a joint account with 25% paid to the applicant monthly until the properties are sold.
Orders
- Order that all rent collected by the respondent be deposited in a joint account to be opened in the joint names of their advocates.
- Order that 25% of the rent be paid to the applicant monthly until the properties are sold and proceeds shared as ordered in the judgment.
Remedies
- Order for rent to be deposited in a joint account and 25% to be paid to the applicant monthly until the properties are sold.
Loading judgment…