Juma v Brozzi; General Accident Insurance Limited (Interested Party) (Civil Case 2 of 2019) [2024] KEHC 8629 (KLR) (17 July 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 8629
- Citation
- [2024] KEHC 8629 (KLR)
- Decided
- 17 July 2024
The court finds the disputed land to be matrimonial property and the Plaintiff is entitled to 20% of its monetary value and the amount paid by the insurance company.
Facts
The Plaintiff and Defendant were married in 2016. The Defendant purchased the disputed land on 30/9/2013 and contracted Fabrizio Piantanida to build a house on it. The Plaintiff lived in the house from 2016 to 2019 and contributed to its renovation and maintenance.
Issues
- Whether the disputed land is matrimonial property
- Distribution of the matrimonial property
Reasoning
The court defines matrimonial property and home, and considers the evidence to determine that the Plaintiff lived in the property for six years and contributed to its renovation and maintenance.
Outcome
The Plaintiff is entitled to 20% of the monetary value of the property and the amount paid by the insurance company.
Orders
- The property should be sold to enable the Plaintiff to realize her entitlements
Remedies
- The Plaintiff is entitled to 20% of the monetary value of the property and the amount paid by the insurance company
Authorities cited
Legislation (1)
- Matrimonial Property Act, 2013
Loading judgment…