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H W M
V.
W N M

(2015) JELR 101730 (CA)

Court of Appeal 31 Jul 2015 Kenya
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Case Details

Suit Number:Civil Appeal 116 of 2006
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Philomena Mbete Mwilu
Location:Nairobi
Other Citations:H W M v. W N M [2015] eKLR

JUDGMENT OF THE COURT

[1] The issues in this appeal arise from a judgment of the High Court that determined a dispute over division of matrimonial property between a wife and husband. In May, 2000, HWM, the appellant herein filed a suit before the High Court by way of an originating summons against her husband, WNM, the respondent herein. The suit was seeking declaratory orders that certain properties which were in the name of the husband were jointly owned and the wife was entitled to one half share of the said properties which were described as; land Reference LOC 3/ [particulars withheld], LOC 3/ [particulars withheld], shares in two companies [particulars withheld] Co. Ltd and [particulars withheld] Co. Ltd.

[2] The wife contended that the aforementioned properties were acquired through her and the husband’s joint efforts during the subsistence of their marriage. The appellant married the respondent in 1959 according to a certificate of marriage that was produced in evidence. The ma…

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