judy.legal
Login Register

Suleiman Salim Mwandogo v. Hannelore Mwandogo

(2018) JELR 94780 (CA)

Court of Appeal  •  Civil Appeal 50 of 2017  •  27 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appellant and the respondent are a divorced couple who intermittently reside in Kenya and Germany. During the subsistence of their marriage, the two were joint proprietors of land described as subdivision Nos. 2331 (Orig. No. 1878/29) and 1878 (Orig. No. 937/13) Section III MN in Mtwapa (the suit land) and all the developments thereon in equal shares; including a three bedroom matrimonial house built by the couple and in which they resided prior to their separation in 2005. That house forms the subject of this appeal.

2. In a suit filed by the respondent at the Environment and Land Court (ELC), she averred that the parties had mutually agreed that in the event of a divorce, the appellant’s share in the house shall pass onto the respondent; thereby vesting the proprietorship of the house solely upon the respondent. However, that contrary to that agreement, when the parties divorced in 2008, the appellant failed to honour the agreement and instead moved into t…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login