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JKG V. PWK

(2020) JELR 97089 (SC)

Supreme Court  •  Civil Application 1 of 2016  •  4 Aug 2020  •  Kenya

Coram
David Kenani Maraga SCJ Isaac Lenaola SCJ Mohammed Khadhar Ibrahim SCJ Philomena Mbete Mwilu SCJ Smokin C Wanjala SCJ

Judgement

RULING OF THE COURT

A. INTRODUCTION

1. Before Court is a Notice of Motion dated 30th May, 2017 seeking to review the two-judge-bench (Ibrahim and Wanjala, SCJJ) decision of this Court delivered on 24th March, 2017 and to reconsider afresh the applicant’s application dated 19th January, 2016. The review application is brought under Section 3(a) and (e) of the Supreme Court Act; Rules 3(2), (4) and (5), 51(2) of the Supreme Court Rules, 2012; Article 159(2)(d) of the Constitution of Kenya and all other applicable provisions of the law. It is supported by the applicant’s affidavit sworn on 30th May 2017.

B. BACKGROUND

2. The applicant and respondent were a couple whose marriage was dissolved on 7th May 2009. In the divorce petition, the respondent had also sought for division of matrimonial property. In its judgment dated 21st February 2014, the trial court held that the properties known as Nyeri Municipality Block x/xxx and Nyeri Municipality Block x/xxx, registered in the name of a limited…

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