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R.M.M v. B.A.M

(2015) JELR 94179 (CA)

Court of Appeal  •  Civil Appeal 267 of 2011  •  20 Feb 2015  •  Kenya

Coram
Philip Nyamu Waki, George Benedict Maina Kariuki, Philomena Mbete Mwilu, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Introduction

1. The main issue in this appeal is the same old vexed question of how property which has been acquired during the subsistence of a valid marriage should be dealt with following the dissolution of the marriage. The added dimension in the case before us is which law is applicable in that process. Many decisions have, of course, been made by this Court in various matrimonial causes, but this matter was placed before a bench of five Judges of Appeal because, we are told, the High Court has questioned and departed from the decision of this Court in Essa v. Essa [1996] EA 53, and the Respondent wishes to persuade us that this Court should follow suit and depart from its own decision. For reasons which will become obvious later in this judgment, we shall not delve into a deep analysis of the facts and circumstances surrounding the case, but will say enough to satisfy ourselves on the issue placed before us for adjudication.

2. The appellant is R M M (M) repr…

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