Lilian Waithira Muiruri v Zacharia Mugenyo Kaburu [2014] KEHC 632 (KLR)

Facts

The Plaintiff, Lilian Waithira Muiruri, brought an Originating Summons seeking to determine the status of family assets and properties, including the suit property, acquired after marriage. The suit was brought against the Defendant, Zacharia Mugenyo Kaburu, who had another wife and jointly purchased the suit property.

Issues

1. Whether the properties acquired by the plaintiff and defendant herein and held jointly and/or severally by both or either of them and acquired after the marriage in or about 1962 can be declared by this honourable court to be matrimonial properties.
2. Whether the family assets and/or properties mentioned in (i) above can be shared equally between the plaintiff and the defendant.
3. Whether the defendant by himself, his agents and/or servants should be restrained by way of injunction from alienating, transferring, encumbering and/or in any other way disposing, dealing with the family assets and/or properties aforesaid without leave or further orders of this honourable court.
4. That this honourable court be pleased to grant any such further orders and reliefs as may be just in the circumstances.

Reasoning

The court held that the suit is not within its jurisdiction as the Plaintiff is not the registered owner of the suit property. The consent order recorded by the Deputy Registrar cannot be adopted as it binds a person not a party in this suit.

Outcome

Appeal Outcome

Authorities cited