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NASRA ABDULWAHAB AHMED v. MOHAMED BAKHRESSA

(2007) JELR 98694 (CA)

Court of Appeal  •  Civil Appli. Nai 32 of 2007 (UR 22/07)  •  27 Apr 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The applicant in this application, Nasra Abdulwahab Ahmed, was the defendant in High Court of Kenya at Mombasa Civil Suit No. 192 of 2006 while the respondent, Mohamed S. Bakhressa, was the plaintiff in that suit. The two were married on 9th January 2002 in accordance with Islamic law on marriage and divorce at a ceremony held in Mombasa. That marriage was not blessed with any children. On 19th June 2006, the respondent pronounced “talak” on the applicant and that marriage was dissolved. During the existence of the marriage, several properties were acquired. It is in dispute as to how the same were acquired and on what basis they were acquired with the respondent alleging in a plaint filed in the superior court on 28th August 2006 that they were acquired and held by the applicant by virtue of a benami transaction between the respondent and the applicant and/or in the alternative, by virtue of a trust for and on behalf of the respondent with no presumption of advance…

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