PWN v JHOM [2021] KEHC 5941 (KLR)
- Court
- High Court of Kenya
- Case number
- 5941
- Citation
- [2021] KEHC 5941 (KLR)
- Decided
- 25 June 2021
The court held that the plot of land is matrimonial property and ordered the defendant to refrain from selling or disposing of the land.
Facts
The plaintiff, PWN, and the defendant, JHOM, are husband and wife who have lived together for over 35 years. The plaintiff claims that a plot of land in Ongata Rongai is matrimonial property and seeks a declaration and an order restraining the defendant from selling or disposing of the land.
Issues
- Whether the plot of land is matrimonial property
- Whether the defendant's sale of a portion of the land without the plaintiff's consent is valid
Reasoning
The court found that the plaintiff has been living on the land for over 20 years and has contributed significantly to its maintenance and development. The defendant's sale of a portion of the land without the plaintiff's consent was found to be invalid.
Outcome
The defendant was ordered to refrain from selling or disposing of the land.
Orders
- Ordering the defendant to refrain from selling or disposing of the land
Authorities cited
Legislation (1)
- Matrimonial Property Act 2013
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