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C W M
V.
J P M

(2017) JELR 103486 (CA)

Court of Appeal 14 Nov 2017 Kenya
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Case Details

Suit Number:Civil Appeal 142 of 2016
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Nairobi
Other Citations:C W M v. J P M [2017] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court, wherein CWM (appellant) sued JPM (respondent) for the determination of her share of matrimonial property being Dagoreti/Waithaka/[particulars withheld] and Dagoreti/Waithaka/[particulars withheld] (suit properties). By an originating motion that was filed, pursuant to the provisions of the then Section 17 of the Married Women’s Property Act of England, Article 45 of the Constitution and Division of Matrimonial Properties Act, the appellant specifically sought an order that Dagoreti/Waithaka/[particulars withheld]be divided into two equal portions. The respondent be ordered to transfer one portion to the appellant or in the alternative an order be made for valuation of the two property and the respondent be at liberty to buy off the appellant’s share.

[2] The appellant claimed that the suit property was matrimonial property acquired or developed with joint efforts; she made direct or indirect contribution…

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