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PETER MBURU ECHARIA V. PRISCILLA NJERI ECHARIA

(2007) JELR 95698 (CA)

Court of Appeal  •  Civil Appeal 75 of 2001  •  2 Feb 2007  •  Kenya

Coram
Philip Kiptoo Tunoi JA Emmanuel Okello O'Kubasu JA Philip Nyamu Waki JA Erastus Mwaniki Githinji JA William Shirley Deverell JA

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Shields J) dated 27th October, 1993 whereby the superior court declared, among other things, that, the appellant and the respondent who were former husband and wife respectively, were entitled to share Tigoni Farm L.R. No. 6893 comprising of 118 acres in equal shares.

The appellant was employed as a civil servant in 1961 and later joined the Diplomatic service and posted to Moscow where he married the respondent in a civil ceremony on 12th June, 1964. In August 1964 the appellant was posted to Washington D.C. as Charge d’ Affairs. In 1967 he was posted to New York (UN) as Head of Mission and in April 1968 he was posted to Addis Ababa as an Ambassador where he worked for 3 years. He returned to Kenya in 1971 and worked as a Deputy Secretary until 1984 when he retired. He was living with the respondent during his service abroad but in view of the appellant’s diplomatic status, the respondent was not allowed to …

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