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Joseph Njogu Ngoya v. David Ngoya Njogu & Paul Kimani Njogu (Being the Administrators of the Estate of Lucy Njeri Njogu) [2020] eKLR

(2020) JELR 100599 (CA)

Court of Appeal  •  Civil Appeal 90 of 2013  •  22 May 2020  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Sometime in 2006, Lucy Njeri Njogu, (deceased), sued the appellant, her estranged husband, for the determination of her share of matrimonial property being LR. Dagoreti/Kangemi/253 (the suit property) and Motor Vehicle Reg. No. KRM 111. The suit was instituted by way of an Originating Summons that was filed pursuant to the provisions of the then section 17 of the Married Women’s Property Act, [1882]. The deceased sought orders that the said property, which she contended was developed and acquired by the joint efforts of herself and the appellant during the subsistence of their marriage, was matrimonial property that was jointly owned; and that the property ought to be divided in such manner and proportions as the court would deem fit.

2. The deceased claimed that herself and her late mother- in- law, Nduta Ndekere Gachoka, contributed Kshs.500 and Kshs.400 respectively and bought the suit property, which was registered in her mother- in- law’s name. She further …

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