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(2020) JELR 102604 (CA)

Court of Appeal  •  Civil Appeal 231 of 2018  •  20 Nov 2020  •  Kenya

Hannah Magondi Okwengu, Sankale ole Kantai, Patrick Omwenga Kiage



The respondent BMM, filed an Originating Summons dated 18th December 2013 under Section 17 of the Married Women’s Property Act 1882 of England (the repealed Act). This followed a divorce Petition filed by the appellant at the Chief Magistrate’s Court being Petition No. 6 of 2013. She asserted that following their marriage, which was solemnized on 3rd August 2001, the couple had acquired matrimonial property through joint funds and efforts. Her contribution towards such acquisition was both direct and indirect.

The respondent accordingly sought for orders that the matrimonial properties, which were registered in the name of EGM, the appellant, be declared joint properties and be shared equally. The said properties were listed as follows;

a) LR No. [...] in Garden Estate

b) Motor vehicles; BMW X5 [..., BMW 5351 KBR [...], Totoya Vitz KBM [...], Toyota NZE KBC [....]

c) Shares in Broadspan (EA) Ltd and Jersey Property Holdings.

d) Life Assurance Policy at Old Mutual.

e) Ca…

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