SS v APB (Civil Suit 23 of 2019) [2024] KEHC 540 (KLR) (Civ) (24 January 2024) (Judgment)

Facts

SS and APB were married in 2009 and divorced in 2019. They jointly acquired two properties: a flat and an apartment, which are registered in their joint names.

Issues

1. Whether the properties are matrimonial properties
2. The applicable law in the division of matrimonial properties
3. The proprietary rights of the spouses under the Constitution
4. The proportion of each spouse's contribution towards purchase of the properties
5. Whether the Applicant is entitled to an equal or higher proportion of the matrimonial properties
6. Whether the registration of the two properties in the joint names of the spouses entitles the Respondent to exclusive possession of the same

Reasoning

The court found that the properties were acquired during the subsistence of the marriage and are therefore matrimonial properties. The court will assess contributions and division based on the evidence provided.

Outcome

The court will determine the proportion of each spouse's contribution and division of the properties.

Authorities cited