ZAG v VOM (Divorce Cause E087 of 2022) [2023] KEKC 20 (KLR) (7 November 2023) (Judgment)
- Court
- KEKC
- Case number
- 20
- Citation
- [2023] KEKC 20 (KLR)
- Decided
- 7 November 2023
The court cannot make a finding on whether the business constitutes matrimonial property due to the nature of the dispute involving company law.
Facts
The parties were married in 2015 and have two children. The petitioner claims the respondent moved out of the matrimonial home, had extra-marital affairs, and physically and verbally assaulted her. The respondent denies these claims and claims the petitioner evicted him from the home and prevented him from accessing the children.
Issues
- Dissolution of the marriage
- Issuance of divorce certificate
- Maintenance
- Physical custody
- Dowry payment
- Matrimonial property determination
- Business share determination
Reasoning
The court found that the respondent registered a new company and sold it, but the evidence was not credible. The court could not determine the extent of the value of the company or the extent of the petitioner's financial contribution.
Outcome
The court ordered each party to bear their own costs.
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