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D M M V. M N M

(2004) JELR 97238 (CA)

Court of Appeal  •  Civil Appeal 236 of 2001  •  22 Dec 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Ransley, Commissioner of Assize), (CA) (as he then was) dated 13th January, 2000 whereby the learned CA, allowed the respondent’s application under section 17 of the Married Women’s Property Act 1882 hereinafter referred as (1882 Act) and awarded her half interest in L.R. [particulars withheld]– Karen House; half of the shares in [particulars withheld] Investments Limited and a car Registration No. [particulars withheld].

The appellant (husband) married the respondent (wife) in church on 3rd February, 1979. The marriage was blessed with four children, namely, M M born on 14th April, 1979, N M born on 15th March, 1982 and K M and W M (twins) born on 3rd December, 1984. On 30th April, 1986, the husband filed a Petition in the superior court, Divorce Cause No. 32 of 1986, praying that the marriage be dissolved on the ground of the wife’s cruelty. The wife filed an Answer and a crosspetition seeking …

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