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K v K [1976] KEHC 2 (KLR)

[1976] KEHC 2 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2
Citation
[1976] KEHC 2 (KLR)
Decided
29 November 1976
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeOriginating SummonsPostureAppeal from the original trialCoramA.H. SIMPSON
Holding

The court declares that the plaintiff has a right to the properties registered in her husband's name

Facts

The plaintiff and defendant were married in 1954 and the marriage was dissolved in October 1974. The plaintiff seeks declarations of entitlement to various properties registered in her husband's name.

Issues

  1. Whether the plaintiff has a right to the properties registered in her husband's name
  2. Whether the plaintiff can claim ownership of the properties based on contributions made by her

Reasoning

The court agrees with Trevelyan J's decision that the Married Women's Property Act 1882 is applicable to Kenya and customary law is subject to written law.

Outcome

In favor of the plaintiff

Orders

  • The plaintiff is declared to have a right to the properties registered in her husband's name

Remedies

  • Declaration of ownership

Authorities cited

Legislation (1)
  • Married Women's Property Act 1882
Cases cited (1)
  • I v I [1971] EA 28
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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