RULING OF THE COURT
The applicant, ARH, married the respondent, MAA, under Islamic Law in 1981 but that marriage was dissolved in 2017 by a Kadhi Court in Marsabit. The respondent then filed an originating summons praying for a share of matrimonial property and in a Judgement delivered on 23rd July, 2018 it was ordered that the applicant take 70% of a Plot No. [...]situate in Marsabit town while 30% of the plot was to go to the respondent. There was no appeal against those orders.
There followed various applications one of which led to the High Court at Marsabit ordering that the said Plot No. [...] (“the plot”) be sold and proceeds of sale be shared by the parties in the stated ratio.
In another ruling the Court ordered that the plot be valued – the applicant filed a valuation where the value was given as Ksh.16,500,000 while the respondent’s valuation gave a figure of Ksh.16,000,000.
It would appear from the ruling of Chitembwe, J. given on 3rd February, 2020 that the applicant’s positi…