JUDGMENT OF THE COURT
1. The appellant and respondent commenced cohabitation as husband and wife in the year 1999 and later formalized their marriage under Kikuyu Customary law in the year 2000 wherein they were blessed with two children. The appellant states that due to the respondent’s financial manipulation, breaches of trust and domestic violence, she was forced to flee their matrimonial home, file a custody and maintenance suit Nairobi Children’s Court Case Number 652 of 2010 and Divorce Case No. 867 of 2017 both against the respondent.
2. Vide an Originating Summons under Order 37 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, and Sections 2, 9, 12(1), 12(3) and 14 of the Matrimonial Property Act, 2013, the appellant herein, filed a suit claiming ownership of various properties which she alleged were acquired, developed and improved during the subsistence of her marriage to the respondent. She alleged that various properties moveable and immoveable, and regis…