CLEMENTINE OKELLO vs JOSEPHAT OKELLO ANGUTE [2001] KEHC 529 (KLR)
- Court
- High Court of Kenya
- Case number
- 529
- Citation
- [2001] KEHC 529 (KLR)
- Decided
- 20 December 2001
The court declares that the house is owned jointly by the plaintiff and defendant, with the defendant holding it as trustee for the benefit of both. The motor vehicle is owned by the plaintiff, but the defendant holds it as trustee for the plaintiff. The court orders the defendant to pay the plaintiff the estimated market price of the motor vehicle, which is estimated at Shs 30,000.
Facts
The plaintiff and defendant were married in 1978 and had a child. They bought a house in 1980 and a motor vehicle in 1985. The plaintiff filed for divorce in 1997, and the marriage was dissolved in 1999. The plaintiff filed an originating summons seeking declarations and orders regarding the ownership and sale of the house and motor vehicle.
Issues
- Ownership and equal shares of the house
- Ownership and sale of the motor vehicle
- Declaration of the motor vehicle's ownership
Reasoning
The court found that the house was registered in both names and that the plaintiff had contributed to the purchase. The motor vehicle was registered in the defendant's name, but the plaintiff had paid for it. The court valued the motor vehicle at Shs 30,000.
Outcome
The plaintiff partially succeeded, receiving an order for the defendant to pay Shs 30,000 for the motor vehicle.
Orders
- The house is declared to be owned jointly by the plaintiff and defendant, with the defendant holding it as trustee for the benefit of both.
- The motor vehicle is declared to be owned by the plaintiff, but the defendant holds it as trustee for the plaintiff.
- The defendant is ordered to pay the plaintiff Shs 30,000 for the motor vehicle within 30 days and i/d execution to issue.
Remedies
- The plaintiff receives Shs 30,000 for the motor vehicle.
Authorities cited
Legislation (1)
- Married Women Property Act 1882
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