JUDGMENT OF THE COURT
Background
1. ENM (the appellant) and MWN (the respondent) were married in 1980 under customary law and subsequently solemnized their marriage in 1996 under the Marriage Act. The union was dissolved in 2005 and the respondent filed a divorce petition alleging cruelty and adultery. On 28th April, 2008 the respondent filed an Originating Summons (OS) seeking orders declaring that the matrimonial property listed in the schedule to the OS were jointly owned on a 50-50 basis with the appellant. The property included;
a. a plot in Hardy (Karen) with a house (the Karen property;
b. a house in Onyonka Estate (Langata) (the Langata property;
c. a plot in Machakos town;
d. two plots in Makutano, Mwala;
e. two plots in Wetaa, Mwala;
f. two shops in Wetaa, Mwala;
f. a parcel of land with house in Wetaa, Mwala;
h. several grade cows;
i. three (3) parcels of land in Wetaa; Mwala;
j. a parcel of land in Kibwezi;
k. Nissan Sunny Kxx xxxL;
l. pick-up D-Cabin Kxx xxxM;
m. Toyota Prado Kxx xxxN;
n…