MARY WAMBUI MWATHA v CHARLES MWATHA NJOROGE [2008] KEHC 1490 (KLR)
- Court
- High Court of Kenya
- Case number
- 1490
- Citation
- [2008] KEHC 1490 (KLR)
- Decided
- 9 October 2008
The court held that the properties acquired after marriage were joint properties and the plaintiff is entitled to a portion of them.
Facts
The plaintiff and defendant were married in 1969 and have four children. The defendant has since married another woman and has two children from her. The parties are separated but the defendant considers the plaintiff as his wife and stays at both houses. The defendant has bought and registered several properties in the plaintiff's name, but the plaintiff disputes the amount contributed by her.
Issues
- Were the properties mentioned in prayer No.1 as aforesaid, acquired with the joint funds and efforts of the plaintiff and the defendant.
- If so, what properties and portions of the said properties the plaintiff is entitled to.
Reasoning
The court found that the defendant had registered properties in the plaintiff's name after marriage, and the plaintiff had contributed to household expenses. The court ruled that the plaintiff is entitled to a portion of the properties.
Outcome
The court ordered the plaintiff to be entitled to a portion of the properties acquired after marriage.
Orders
- The plaintiff is entitled to a portion of the properties acquired after marriage.
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