MAM v COR alias A (Divorce Cause E303 of 2023) [2024] KEKC 18 (KLR) (23 May 2024) (Ruling)
- Court
- KEKC
- Case number
- 18
- Citation
- [2024] KEKC 18 (KLR)
- Decided
- 23 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks temporary injunction against respondentCoramHON. ABDULHALIM H. ATHMAN, CHIEF KADHI
Holding
Temporary injunction granted against respondent for interference with matrimonial home and household items
Facts
Petitioner and respondent were married under Islamic law in 2014. They jointly acquired a plot and constructed a matrimonial home. In 2011, another plot was bought and rental houses were constructed on it. The parties have a dispute over the rental houses.
Issues
- Temporary injunction against respondent for interference with matrimonial home and property
- Division of rental houses management and proceeds
Reasoning
Petitioner will suffer irreparable damage if evicted from the matrimonial home, while respondent has contributed to the rental houses. Rental houses will be managed by an estate agent pending determination.
Outcome
Application successful in part; temporary injunction granted for matrimonial home only
Orders
- Temporary injunction against respondent for interference with matrimonial home and household items
Remedies
- Rental houses to be managed by an estate agent pending determination
Authorities cited
Legislation (1)
- Kadhi's Court (Procedure and Practice) rules, 2020
Cases cited (2)
- Giella v Cassman Brown & Co Ltd (1973) E.A.358
- AKK v PKW (2020) 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.
Loading judgment…