JMM v LKM (Matrimonial Cause E001 of 2021) [2023] KEHC 2662 (KLR) (23 March 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2662
- Citation
- [2023] KEHC 2662 (KLR)
- Decided
- 23 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial CausePostureRespondent filed preliminary objection, court dismissedCoramHPG WAWERU
Holding
The preliminary objection is not well taken and is hereby dismissed
Facts
The parties are married under Meru customary law, and the Respondent filed for divorce in 2021. The Applicant cross-petitioned for divorce, and the divorce proceedings are pending.
Issues
- Whether the originating summons is misconceived, incompetent, bad in law and incurably defective
- Whether the court has jurisdiction to hear and determine the originating summons
Reasoning
The court has jurisdiction to determine that the properties constitute matrimonial properties, but cannot proceed with the division of the matrimonial property until there is a decree of divorce.
Outcome
The Applicant shall have costs of the preliminary objection
Orders
- Preliminary objection dismissed
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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