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POM v. MNK alias MNP

(2019) JELR 96798 (CA)

Court of Appeal  •  Civil Appeal 343 of 2017  •  25 Jan 2019  •  Kenya

Coram
Philip Nyamu Waki, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is yet another rather astonishing example of the deception, greed and heartlessness that rules and chills the human heart as couples coldly contend for property where once love was thought to thrive and thrill. The appeal is brought by POM whose complaint against the judgment of the High Court (Musyoka, J.) rendered on 9th June 2017 is that the learned Judge erroneously declared that the respondent MNK alias MNP was not POM ?s wife as she was still married to one KM (K) and so declined to deal with and divide Plot No. xx within Dagoretti/Riruta/xxx between the parties herein.

The proceedings at the High Court had been commenced by POM vide an originating summons dated 6th November, 2013 in which he alleged that though they did not have a formal wedding, he and MNP had cohabited as husband and wife from the year 1986 without interruption until MNP obtained court orders against him by use of falsehoods. Those orders, in CMCC No. 43 of 2011, terminated theā€¦

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