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R.M.M v. T.S.M

(2015) JELR 94923 (CA)

Court of Appeal  •  Civil Appeal 7 of 2013  •  17 Dec 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Background

1. This appeal relates to division of matrimonial property after divorce prior to enactment of the Matrimonial Property Act, 2013. In the Originating Summons that was filed by R M M, the appellant, under section 17 of the Married Women’s Property Act, 1882, the appellant wanted matrimonial properties shared out equally between her and T S M , her enstranged husband, the respondent.

2. The appellant contended that she had financially contributed to the acquisition of the matrimonial properties, though they were all registered in the respondent’s name. On the other hand, the respondent argued that he solely acquired the properties. The learned trial judge, Sitati, J., held that the distribution of the properties was dependent on the parties’ respective contribution towards their acquisition and proceeded to order distribution as we shall show hereunder. The appellant was aggrieved by that distribution and moved to this Court to challenge the judgment.

The ap…

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