CKM v ENM & another (Civil Appeal 250 of 2019) [2024] KECA 293 (KLR) (8 March 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 293
- Citation
- [2024] KECA 293 (KLR)
- Decided
- 8 March 2024
The court held that the property was matrimonial property held in equal share by the 1st respondent and the deceased, and that the appellant was not a bona fide purchaser for value without notice of the suit property.
Facts
The deceased and the 1st respondent were married under Kikuyu customary law in 1968. They acquired several properties during the marriage, including Nyaki/Kithoka/4XX, which was sold by the deceased to the appellant for Kshs.25,000/=.
Issues
- Whether the 1st respondent contributed to the acquisition of the property
- Whether the appellant was a bona fide purchaser for value without notice of the suit property
Reasoning
The court found that the deceased had sold the property without disclosing the 1st respondent's beneficial interest, and that the proceedings related to matrimonial property which could not be defeated by the death of the deceased.
Outcome
The court ordered the cancellation of the title to the suit property and partitioning of the property into two portions.
Orders
- Cancellation of the title to the suit property
- Partitioning of the property into two portions
Remedies
- Partitioning of the property into two portions
Authorities cited
Legislation (2)
- Land Registration Act, 2012
- Married Women Matrimonial Property Act
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