EKTM v ECC (Matrimonial Cause E001 of 2021) [2021] KEHC 1359 (KLR) (2 December 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 1359
- Citation
- [2021] KEHC 1359 (KLR)
- Decided
- 2 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial CausePostureApplication for declaration and distribution of matrimonial propertyCoramG.V Odunga, GN, Kemei, Kiage, Mwangusya, Nyakundi
Holding
The house is matrimonial property and should be distributed to the Applicant and Respondent in a 90:10 ratio based on their contributions.
Facts
The Applicant and Respondent got married in December 2013 and had a marriage dissolved on September 2, 2020. They sought the distribution of a house acquired during their marriage.
Issues
- Whether the house is matrimonial property
- Distribution of the house between the parties
Reasoning
The court applied Article 45(3) of the Constitution and Section 7 of the Matrimonial Property Act, 2013, to determine that the parties' contributions to the house's acquisition and development should be considered for distribution.
Outcome
The court granted the application for the distribution of the house.
Orders
- The house should be distributed to the Applicant and Respondent in a 90:10 ratio based on their contributions
Remedies
- The Applicant is allowed to purchase the Respondent's share of the house and register it in the Applicant's name
Authorities cited
Legislation (2)
- Matrimonial Property Act, 2013
- Constitution of Kenya
Cases cited (4)
- T.M.V. vs F.M.C (2018) eKLR
- Paul Kagwa vs. Jackline Muteteri (Matrimonial Cause-2005/23) [2006] UGHC 17 (18 May 2006)
- ENN vs. SNK [2021] eKLR
- P.O.M vs. M.N.K (2017) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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