ALM v JNN [2022] KEHC 1789 (KLR)
- Court
- High Court of Kenya
- Case number
- 1789
- Citation
- [2022] KEHC 1789 (KLR)
- Decided
- 28 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial CausePostureAppeal from the original trial outcomeCoramL. NJUGUNA
Holding
The court declares the listed properties as matrimonial properties and orders their distribution between the plaintiff and defendant.
Facts
The plaintiff and defendant were married in 1995 and had three adult children. They jointly acquired several properties during their marriage, including a matrimonial homestead and various plots of land.
Issues
- Whether the properties listed by the plaintiff are matrimonial properties
- How to distribute the matrimonial properties between the plaintiff and defendant
Reasoning
The court finds that the defendant admitted to the plaintiff's contributions and that the properties were acquired during the subsistence of the marriage. The court orders the properties to be shared equally between the plaintiff and defendant.
Outcome
The appeal is upheld, and the properties are ordered to be shared.
Orders
- Properties listed by the plaintiff are declared as matrimonial properties and are to be shared equally between the plaintiff and defendant.
- In the alternative, each party shall buy out the beneficial interest of the other in the property Gaturi/Nembure/xxxx in monetary forms.
- Each party to bear its own costs of the suit.
Authorities cited
Legislation (2)
- Matrimonial Property Act
- Marriage Act
Cases cited (1)
- Choitram v Nazari (1984) KLR 327
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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