P W v J K [2018] KEHC 9852 (KLR)
- Court
- High Court of Kenya
- Case number
- 9852
- Citation
- [2018] KEHC 9852 (KLR)
- Decided
- 29 November 2018
The applicant shall take, keep and own LR No. [particulars withheld] whereas the respondent shall take, keep and own Nginda-Samar Block particulars withheld] and Loc. [particulars withheld]. The respondent holds LR No. [particulars withheld] Estate in trust for the applicant and the trust is terminated.
Facts
The parties were married in 1972 and had one child. They got divorced in 2015. The applicant sought a declaration that certain properties were acquired during the marriage and should be settled for her benefit.
Issues
- Ownership of matrimonial property acquired during the marriage
- Contribution towards the purchase and development of properties
Reasoning
The judge considered the couple's contributions to the properties and the values of the properties. The judge declared the applicant's ownership of the specified properties and ordered the transfer of the property to the applicant if the respondent does not voluntarily transfer it within 30 days.
Outcome
The applicant won the case.
Orders
- The applicant shall take, keep and own LR No. [particulars withheld]
- The respondent shall take, keep and own Nginda-Samar Block particulars withheld] and Loc. [particulars withheld]
- The respondent holds LR No. [particulars withheld] Estate in trust for the applicant and the trust is terminated
- The Deputy Registrar shall execute all documents to effect the transfer of the [particulars withheld] Estate property to the applicant if the respondent shall not voluntarily transfer the property within 30 days from the date of the judgment
Remedies
- Declaration of property rights
- Transfer of property
Authorities cited
Legislation (2)
- Matrimonial Property Act, 2013
- African Christian Marriage and Divorce Act (Cap 151)
Loading judgment…