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R F S v. J D C S

(2010) JELR 96591 (CA)

Court of Appeal  •  Civil Appeal 157 of 2004  •  19 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal by R F S, whom we shall hereafter refer to as the appellant, against the decision of the superior court (Waweru J.) dated and delivered on 4th June 2004 in its Civil Case No.76 of 2003(OS). That suit was commenced by Originating Summons by J D C S, whom we shall hereafter refer to as the respondent, on 23rd October, 2003. As at that date the parties were husband and wife, their marriage having been solemnized sometime in 1990 and the same had not been dissolved.

The prayers in the O.S. were mainly the following:

A declaration that the respondent is entitled to at the very least an equal share of the matrimonial home situated in Westwood Park in Karen on LR. No. [Particulars withheld], registered in the name of a company known as [particulars withheld] Manufacturing Ltd.

Alternatively, a declaration that the respondent is entitled to at the very least, an equal share either in kind or cash of the proceeds of the sale of the property.

An order that theā€¦

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