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JUDGMENT
The appeal before us relates to the perennial squabbles that have existed world over between spouses over matrimonial property when the love between them fades, is eroded and a rock of divorce is planted between them. This debate has not always been easy to navigate. It has turned into what we may term as a Murky Waterway. We say so because of the confusion that has reigned between the different legislations invoked over the years to deal with this issue starting from the mother statute, The Married Women Property Act 1882. Fortunately, we now have our own legislation on the subject, the Matrimonial Property Act, No. 49 of 2013.
The dispute leading to this appeal was initially filed in the Environment and Land Court “ELC” on 29th March 2011 seeking in the main that leave be granted for severance of title with respect to land Parcel numbers Nairobi/Block xxxx and KJD/Kitengela xxxx “the suit properties” which were allegedly jointly owned by the appellant and the respondent.
This …