JUDGMENT OF THE COURT
[1] The parties in this appeal are British citizens although the respondent is a second generation Kenyan. The parties were married on 31st May, 1997 in the United Kingdom under the 1949 Marriage Act. It was a second marriage for each of them having have been in previous marital relationships which were dissolved. The parties cohabited in the United Kingdom and in Kenya from the year 2007 until the said marriage was dissolved by the High Court in Malindi in Divorce Cause No. 1 of 2010 on 25th February, 2016.
[2] The wife filed the suit by way of an originating summons seeking certain declarations that a property known as Plot No. [Particulars withheld] measuring one decimal eight four five (1.845) (hereinafter referred to as suit property) which is registered in the name of the husband is matrimonial property which is being held in trust for the wife. Upon such declaration, there be an order that the wife is entitled to exclusive possession of the same under common…