MIM v FMM; AAM (Interested Party) (Civil Appeal 633 of 2019) [2025] KECA 737 (KLR) (2 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 737
- Citation
- [2025] KECA 737 (KLR)
- Decided
- 2 May 2025
We find merit in the appeal with respect to Kayole Plot C1-4X1, and order that it be apportioned equally between the appellant and the respondent.
Facts
MIM and FMM were married under customary law in 1985 and later formalized their union in 1996. They had four children and jointly acquired various properties and shares in several banks and airlines. MIM claimed she contributed financially and non-financially to the properties, while FMM denied owning Kayole Plot C1-4X2 and claimed the proceeds were used for their children's education and medical expenses.
Issues
- Whether Kayole Plot C1-4X2 is matrimonial property
- Whether MIM is entitled to a share of the properties
Reasoning
The appellant produced documentary evidence to support her claim of contribution toward the acquisition of Kayole Plot C1-4X1. The respondent's allegation of theft of receipts was unsubstantiated.
Outcome
Appeal allowed with respect to Kayole Plot C1-4X1
Orders
- Order that Kayole Plot C1-4X1 be apportioned equally between the appellant and the respondent
- Order that the property be subjected to valuation with costs borne equally by both parties
- Order that each party bear their own costs of the appeal
Remedies
- Apportionment of Kayole Plot C1-4X1 equally between the appellant and the respondent
Authorities cited
Legislation (1)
- Matrimonial Property Act
Cases cited (1)
- JOO v MBO
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