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MWG v DSM [2021] KEHC 3964 (KLR)

[2021] KEHC 3964 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3964
Citation
[2021] KEHC 3964 (KLR)
Decided
31 August 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial Property DisputePostureRespondent's Motion for Summary Judgment
Holding

The court ordered the properties to be valued and divided equally between the parties.

Facts

The parties were married in 2003 and have three children. They acquired several properties during their marriage, including a house in Nairobi, two in Kilifi, and a Toyota Vitz car. The respondent is accused of transferring funds from joint accounts without the applicant's knowledge.

Issues

  1. Ownership and division of matrimonial properties
  2. Accounting for transferred funds

Reasoning

The court found that the properties were acquired during the marriage and ordered their division. The court also ordered the respondent to account for any transferred funds.

Outcome

The respondent was ordered to account for transferred funds and the properties were ordered to be valued and divided equally.

Orders

  • Order for valuation and division of properties
  • Order for respondent to account for transferred funds

Remedies

  • Valuation and division of properties
  • Accounting for transferred funds

Authorities cited

Legislation (1)
  • Matrimonial Property Act No. 49 of 2013
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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