Nuguti v Nuguti & another (Environment & Land Case 42 of 1993) [2023] KEELC 18207 (KLR) (14 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18207
- Citation
- [2023] KEELC 18207 (KLR)
- Decided
- 14 June 2023
Summary at a glance
TypeMarriage and Property DivisionPostureAppeal from a consent orderCoramH.K. Chemitei, SILA
The 2nd defendant is recognized as the 1st defendant's co-wife, and the properties are to be divided between the two houses as agreed by the parties.
Facts
The plaintiff and the 1st defendant were married in 1985, and the 2nd defendant claimed to be the 1st defendant's co-wife. They jointly acquired properties, and the 1st defendant sought to divide these properties between the two houses.
Issues
- Ownership of jointly acquired properties
- Recognition of the 2nd defendant as the 1st defendant's co-wife
Reasoning
The properties were jointly acquired during the marriage, and the 2nd defendant's claim is recognized.
Outcome
Appeal dismissed
Orders
- The 2nd defendant is recognized as the 1st defendant's co-wife
- Properties are to be divided between the two houses as agreed by the parties
Remedies
- Division of properties
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