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ENK
V.
MNNN

(2021) JELR 113694 (CA)

Court of Appeal 3 Dec 2021 Kenya
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- The dispute involved dissolution of marriage and distribution of three properties acquired during the marriage between ENK (appellant) and MNNN (respondent), with key contested properties being two jointly registered Limuru properties and

Case Details

Suit Number:CIVIL APPEAL NO. 559 OF 2019
Judges:HANNAH OKWENGU, JA MOHAMED WARSAME, JA SANKALE OLE KANTAI, JA
Location:Mombasa

JUDGMENT

  1. The two questions before Musyoka, J. in the consolidated petitions were whether the marriage between the appellant, ENK and the respondent, MNNN should be dissolved and the issue of distribution of three properties. In the Judgment delivered on 10th May, 2019 the Judge dissolved the marriage and on the issue of sharing out properties the Judge held that the same be shared on 50:50 basis. Both parties had prayed for dissolution of the marriage and that issue is not before us in this appeal. The appeal challenges the holding that the parties share the matrimonial properties equally – the 14 grounds of appeal set out in Memorandum of Appeal drawn for the appellant by his lawyers, M/S E.M. Wachira & Company Advocates revolve through that issue only. It is said that the Judge erred in law and fact in failing to hold that the respondent had not proved entitlement to a 50% share of the properties; that the Judge should have found that the appellant had contributed 100% in the acquisi…

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