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P B W V. J W C

(2017) JELR 94820 (CA)

Court of Appeal  •  Civil Appeal 210 of 2015  •  24 Mar 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



After some 23 years of marriage, first under Luhya customary law and subsequently under the African Christian Marriage and Divorce Act (repealed), the appellant, P B W and the respondent, J W C divorced in 2012 pursuant to a decree absolute issued by the Chief Magistrate’s Court, Nairobi, in Divorce Cause No. 7 of 2010. On 21st October 2011, the respondent took out in the High Court at Nairobi, an Originating Summons under section 17 of the Married Women’s Property Act, 1882of England for a declaration that some seven moveable and immoveable properties (the suit properties) registered in the name of the appellant were owned jointly by the appellant and herself. She also prayed for an injunction to restrain the appellant from selling, transferring or alienating the suit properties, as well as for costs of the summons.

The suit properties that the respondent claimed to be entitled to jointly with the appellant were:

i. Plot No. LR No 209/[particulars withheld] Waiyaki…

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