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A M R v. A N J

(2012) JELR 105702 (CA)

Court of Appeal  •  Civil Appeal 162 of 2009  •  16 Mar 2012  •  Kenya

Samuel Elikana Ondari Bosire, Roselyn Naliaka Nambuye, Wanjiru Karanja



On 5th March, 2009, Azangalala, J. dismissed an Originating Summons, filed by A.M.R, the appellant, which Summons was brought pursuant to the provisions of the Married Women’s Property Act 1882, of England. A.N.J, the respondent, was named in the Originating Summons as the defendant. The parties were married under Islamic law on 8th January, 1995; but the marriage did not have any issues. The marriage was allegedly terminated in or about August 2004, and on 29th August, 2005; the appellant filed the Originating Summons (OS) aforesaid. In that O.S., the appellant sought declaratory orders, firstly, that property known as [...] was acquired by the joint efforts and funds of both her and the respondent; Secondly, that the upper floor of the flat on plot No. [...] was owned by both of them in such shares as the court shall deem proper to grant; thirdly, she was a co-owner with the respondent of Motor Vehicle Reg. No. [...]; fourthly that she, the appellant, has a shar…

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