MARGARET ROSE WAMBUI V SILVESTER JOHN NJOROGE [2011] KEHC 401 (KLR)
- Court
- High Court of Kenya
- Case number
- 401
- Citation
- [2011] KEHC 401 (KLR)
- Decided
- 21 October 2011
The court held that the plaintiff is entitled to half of the assets set out in paragraph 8(a) (b) and (c) of the supporting affidavit, and 50% of plot nos. Ndeiya/Kiroe/T.365 and Ndeiya/Kiroe/T.197.
Facts
The plaintiff wife Margaret Rose Wambui alleged that various properties were acquired during the subsistence of the marriage and should be shared equally. The defendant respondent, Silvester John Njoroge, filed a response and the parties were heard on their merits.
Issues
- determination of properties acquired during the subsistence of the marriage
- entitlement of the plaintiff to a share of the property
Reasoning
The court assessed the applicable principles of law as confirmed by case law and held that the plaintiff was entitled to a share of the property acquired during the marriage which were registered in the names of the defendant.
Outcome
The plaintiff was awarded 50% of the sale price of the properties if they have since been sold, and costs of the suit plus interest to the plaintiff.
Orders
- The Deputy Registrar of the court be authorized to sign all necessary documents relating to the transfer, sale, valuation or other documents relating to the properties known as land reference number 209/66/15, land reference number 209/66/43, land reference number 209/66/44, Ndeiya/Ndeiya/390, plot number 36 and 4A Ndeiya/Kiroe/T.365 and Ndeiya/Kiroe/T.197.
- The defendant be arrested and committed to civil jail for the contempt of the said court order of 24th day of February 2000 and 26th January, 2010 and be so detained for six months until he purges the contempt.
Remedies
- Costs of the application
- Arrest and commitment to civil jail for contempt
Loading judgment…