Case ID:187097

MW v JK [2021] eKLR

Case Metadata

Case Number:

Civil Suit 28 of 2015 (OS)

Parties:

MW v JK

Date Delivered:

29 Nov 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Aggrey Otsyula Muchelule

Citation:

MW v JK [2021] eKLR

Court Division:

Family

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

CIVIL SUIT NO. 28 OF 2015 (OS)

IN THE MATTER OF MATRIMONIAL PROPERTY ACT, 2013

MW………………………….……………………..………APPELLANT

-VERSUS-

JK……………..……………………..……………..……RESPONDENT

RULING

1. The applicant and the respondent were married. The marriage was dissolved by Githunguri Principal Magistrate on 23

rd

April 2015 vide

Divorce Cause No. x of 2013

. The applicant filed the instant suit seeking the division of matrimonial properties:- LR No. Githunguri/ Gathanga/xxxx, Githunguri/Nyaga/xxx and motor vehicle registration number KAC xxxY. The matter was referred to court annexed mediation. Parties entered into a mediation settlement agreement dated 7

th

February 2018 whose terms were that:-

a) L.R. Githunguri/Githanga/xxxx together with all developments be registered in the name of the applicant to hold in trust for herself, EW, BN and BM (minor);

b) the respondent do retain L.R. Githunguri/Nyaga/xxx together with the developments thereon;

c) the respondent do retain motor vehicle registration number KAC xxxY which was his source of livelihood; and

d) each party to bear own costs.

2. The mediation settlement agreement was adopted as an order of the court on 12

th

March 2018.

3. The applicant in her application dated 31

st

October 2018 sought that the court cancels the respondent’s title to Githunguri/Gathanga/xxxx and orders the issuance of a fresh title in her name to hold in trust for herself, EW, BN and BM (minor); and that the Deputy Registrar be empowered to sign all papers to effect the orders. Her case was that since the orders were made she has severally written to the respondent through his advocates to surrender his title to the property and to execute the transfer to no avail.

4. The respondent was served but made no response.

5. I allow the application. I direct the Lands Registrar Kiambu to cancel the title of the respondent to LR Githunguri/Gathanga/xxxx. He shall then cause the registration of the parcel into the name of the applicant who shall hold it in trust for herself and for EW, BN and BM (minor). The Deputy Registrar of this court shall sign all the necessary papers to effect these orders. The respondent shall bear the costs of the application.

DATED and DELIVERED at NAIROBI this 29

TH

day of NOVEMBER 2021.

A.O. MUCHELULE

JUDGE