SMN V. TCW

JUDGMENT

1. The respondent, TCW, the then plaintiff filed an Originating Summons dated 24th September, 2010. She sought an order, in the main, that:

   “It be declared that half share of L.R. No. Muhito/gatuiria/xxxx with all buildings and improvements thereon, which property was acquired with the joint efforts of funds of the plaintiff but registered in the name of the defendant, is held for and on behalf of the plaintiff who should thus be registered as proprietor of half share thereof and receive half share of proceeds therefrom.”

2. The summons was supported by the respondent’s affidavit sworn on 24thSeptember, 2010 in which she deponed that she is SMN (the appellant) wife, having been married on 12th November, 1979; that in the year 1988, they jointly purchased LR No. Muhito/Gaturia/xxxx (the suit property) which was registered in the appellant’s name; that they built 22 rental units on the suit property; that in the year 2008, the appellant “sought” to alienate the suit property and because…