PJS
V.
MHAD; AMH (INTERESTED PARTY)

(2022) JELR 113961 (CA)

Court of Appeal 24 Jun 2022 Kenya
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Case Details

Suit Number:Civil Appeal 350 of 2017
Judges:DK Musinga, JA MA Warsame, JA MSA Makhandia, JA
Location:Nairobi

JUDGMENT

  1. The appeal before us arises from the breakdown of a 6-year long dual income marriage where the appellant and the respondent (the parties) were gainfully employed, enjoyed a relatively comfortable standard of living, and had the financial wherewithal to individually contribute to the accumulation of assets during the tenure of the marriage. These fundamental facts underlie the main legal questions this Court faces in the current appeal which are, whether the accumulated assets were matrimonial property; if so, the appropriate method of determining the ratio of division of the matrimonial property and how it should be applied to a marriage of this nature.

  2. The parties solemnized their marriage on 1st November 2003 before a Kadhi in Nairobi. Although, no issues were born from the union, the parties focused on developing their respective careers. The appellant, a British citizen residing in Kenya since the year 2000, worked as a Consultant and an employee for [particulars withheld] …

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