NBMK v AFAL (Originating Summons 7 of 2017) [2023] KEHC 23213 (KLR) (15 September 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 23213
- Citation
- [2023] KEHC 23213 (KLR)
- Decided
- 15 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial ProceedingsPostureAppeal from the original trialCoramG MUTAI
Holding
The court found that the properties and bank accounts are matrimonial and should be shared equally between the parties.
Facts
The Applicant and Respondent were married in 2002 and had three children. They acquired properties and a motor vehicle during their marriage. The Respondent claimed the properties were his, but the Applicant disputed this.
Issues
- Whether the properties are matrimonial and what contributions were made by each party
- What orders should issue based on the findings
Reasoning
The court determined that the properties were acquired during the subsistence of the marriage and were therefore matrimonial. The court also found that the Applicant had contributed to the marriage through non-monetary means.
Outcome
The court ordered the properties and bank accounts to be shared equally between the parties.
Orders
- The properties Flat No. XXX Kizingo and the motor vehicle registration number KBV XXXS are not matrimonial properties.
- The properties and businesses in Uganda are not matrimonial properties.
- The bank accounts are matrimonial properties and should be shared equally by the parties.
Remedies
- The funds in the matrimonial bank accounts should be shared within 30 days of the judgment.
Authorities cited
Legislation (1)
- Matrimonial Property Act, 2013
Cases cited (1)
- TMW v FMC [2018]eKLR
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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