A B H
V.
E H

JUDGMENT OF THE COURT

1. By a Petition lodged in the High Court of Kenya at Mombasa on 28^th January, 2011, the respondent sought dissolution of his marriage to the appellant as well as one a half share of all their matrimonial property in Kenya. The appellant’s response to the petition came by way of a Preliminary Objection dated 15^th September, 2011 and an affidavit sworn on 20^th September, 2011. For purposes of this appeal, what shall fall for consideration is the outcome of the Preliminary Objection and the consequences thereof.

2. The parties are a married having celebrated their union in Kenya on 16^th June, 1992 and which was duly registered under the repealed Marriage Act (Cap 150 laws of Kenya). In her Notice of Preliminary Objection aforesaid, the appellant herein contended as follows:

“TAKE NOTICE that the respondent herein intends to take a Preliminary Objection to the effect that the Petitioner and the Respondent were not domicile (sic) in Kenya at the time when the Petition w…