LNM v BNI (Civil Case 4 of 2020) [2021] KEHC 2903 (KLR) (21 October 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2903
- Citation
- [2021] KEHC 2903 (KLR)
- Decided
- 21 October 2021
The court declared the properties as matrimonial and ordered their division in a 50:50 ratio. The court also awarded the plaintiff 0.05 Ha of Ngandori/Kirigi/xxx, her 50% contribution to the original property.
Facts
The plaintiff, LNM, sought declarations and orders regarding the ownership and division of matrimonial properties acquired during her marriage to the defendant, BNI. The properties include Kajiado/Kaputei North/xxx, Githurai-Kimbo Plot under Mwihoko Housing Company Limited, and Ngandori/Kirigi/xxxx. The marriage was dissolved in 2018, and the plaintiff is concerned about the properties being interfered with.
Issues
- Whether the properties are matrimonial properties
- The share of the properties to be awarded to the plaintiff
Reasoning
The court found that the properties were acquired during the subsistence of the marriage and were thus matrimonial. The court also considered the financial contributions of both parties and the intentions behind the property acquisitions.
Outcome
In favor of the plaintiff
Orders
- Declaration of properties as matrimonial and division in 50:50 ratio
- Award of 0.05 Ha of Ngandori/Kirigi/xxx to the plaintiff
- Subdivision and transfer of 0.05 Ha to the plaintiff
- Alternative order for the defendant to buy out the plaintiff's share at market rates
Remedies
- Declaration of properties as matrimonial
- Division of properties in 50:50 ratio
- Award of 0.05 Ha to the plaintiff
- Subdivision and transfer of 0.05 Ha to the plaintiff
- Alternative order for the defendant to buy out the plaintiff's share at market rates
Authorities cited
Legislation (2)
- Matrimonial Property Act
- Civil Procedure Act
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