CRW v MIO [2022] KEHC 2108 (KLR)
- Court
- High Court of Kenya
- Case number
- 2108
- Citation
- [2022] KEHC 2108 (KLR)
- Decided
- 16 February 2022
The court finds that the properties form part of the Matrimonial Property and that the Plaintiff has demonstrated sufficient evidence to deserve the 75% share.
Facts
The Plaintiff, CRW, initiated a suit against the Defendant, MIO, seeking a declaration of ownership and sharing of matrimonial properties, including a matrimonial home, rental properties, and motor vehicles. The Defendant disputes the properties' status as matrimonial properties.
Issues
- Whether the suit properties form part of the Matrimonial Property despite being registered in the name of the Defendant
- Whether the Plaintiff has demonstrated with sufficient evidence that she deserves the 75% share of the suit property
Reasoning
The court relies on Section 6 of the Matrimonial Properties Act, which defines Matrimonial Property, and finds that the Plaintiff's testimony regarding her contributions to the properties is more coherent and evidence-based than the Defendant's.
Outcome
The court orders the properties to be shared in the ratio of 75:25% in favor of the Plaintiff and the Defendant.
Orders
- The matrimonial home and rentals and land parcel UasinGishu/Kimumu Scheme/xxxx (developed) to be shared in the ratio of 75:25% in favor of the Plaintiff and the Defendant.
- Land parcel Uasin Gishu/Kimumu/xxxx (developed) rental and lock up shops to be shared in the ratio of 75:25% in favor of the Plaintiff and the Defendant.
- Motor vehicles registration number /KAN xxxx Toyota, /KAT xxxx RVR /and Land Rover xxxx to be sold and the proceeds thereof to be shared in the ratio of 75:25% in favor of the Plaintiff and the Defendant.
Authorities cited
Legislation (1)
- Matrimonial Properties Act
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