JUDGMENT OF THE COURT
1. The appellant and respondent are estranged wife and husband and the dispute between the two relates to distribution of matrimonial property acquired during subsistence of the marriage. The parties got married on 2nd January 1988.
2. By an Originating Summons dated 6th September 2005, the appellant sought a declaratory order that all properties acquired during their marriage and registered in the name of either party be declared as jointly owned; that an order do issue declaring that 50% or such other or higher proportion of the properties be held in trust by the respondent for the appellant and that the properties be settled in proportions as determined by the court.
3. The matrimonial properties in dispute listed in the Originating Summons are:
(a) Eldoret Municipality/Block [particulars withheld] approximately [particulars withheld] hectares.
(b) Eldoret Municipality/Block [particulars withheld] approximately [particulars withheld] hectares.
(c) Eldoret LR [partic…