Case ID:201684

PTN v PWT (Matrimonial Case E018 of 2021) [2022] KEHC 11166 (KLR) (28 July 2022) (Ruling)

Case Metadata

Case Number:

Matrimonial Case E018 of 2021

Parties:

PTN v PWT

Date Delivered:

28 Jul 2022

Case Class:

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Rachel Biomondo Ngetich

Citation:

PTN v PWT (Matrimonial Case E018 of 2021) [2022] KEHC 11166 (KLR) (28 July 2022) (Ruling)

Court Division:

Family

County:

Kiambu

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

PTN v PWT (Matrimonial Case E018 of 2021) [2022] KEHC 11166 (KLR) (28 July 2022) (Ruling)

Neutral citation:

[2022] KEHC 11166 (KLR)

Republic of Kenya

In the High Court at Kiambu

Matrimonial Case E018 of 2021

RB Ngetich, J

July 28, 2022

Between

PTN

Applicant

and

PWT

Respondent

Ruling

1.

The applicant filed originating summons on 6

th

December, 2021 seeking to have the following property declared as matrimonial property.

a.

Apartment No. A9, on 5

th

Floor Block A together with one (1) parking bay, erected on land parcel No. Dagoretti/Riruta/63XX and situated at Dagoretti, within the Republic of Kenya.

b.

Apartment Number 3B, erected on Title Number Kiambaa/Ruaka 6394 and situated at Ruaka, within the Republic of Kenya.

c.

Residential Plot No. 1XX measuring approximately 30 by 80 ft and contained in share certificate No. 4XX at Kimuri Housing Company Limited and situated at Kasarani, within the Republic of Kenya.

d.

Portion 2X of ERF 6 Cato Manor Registration Division XX and Province of Kwa Zulu-Natal in extent 770 (Seven Hundred and Seventy) square meters and situated in Durban within the Republic of South Africa.

2.

The applicant proposed the property be distributed as follows:

a.

PTN

i.

Residential plot No 1XX measuring approximately 30 by 80ft and contatined in certificate No. 4XX.

ii.

Apartment No. 3B on Title No. Kimbaa/Ruaka 63XX.

b.

PWT

i.

Apartment XX, on the 5

th

Floor Block A and 1 parking Bay on Dagoretti/Riruta/46XX.

ii.

Portion 2X of ERF 6 Cato Manor.

3.

The application is premised on the grounds that the property was obtained during the subsistence of the marriage and marriage between the applicant and the Respondent has been dissolved and a decree absolute issued vide Kikuyu SPM Court Divorce Cause No. 12 of 2020. There is no dispute regarding the distribution of the properties.

4.

The applicant has filed an affidavit in support sworn on 6

th

December 2021. He averred that the marriage with the Respondent was dissolved and a decree absolute made on 3

rd

August 2021. The above mentioned properties were acquired during the subsistence of the marriage. The proposed mode of distribution is not disputed.

5.

The applicant contends the respondent has not filed any response and seeks to have the application allowed as prayed.

6.

I have however perused the court file and I do not find an Affidavit of Service on record as proof that the Respondent was served. In the circumstances, I am not satisfied the applicant was served with the originating summons. In the circumstance, I decline to grant the orders as prayed and order that the Respondent be served with the application before further directions are issued.

7.

Final Orders:-

1.

Respondent to be served.

2.

Final directions to be given on a date to be fixed by the Registry.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 28

TH

DAY OF JULY, 2022.

………………………………

RACHEL NGETICH

JUDGE

In the Presence of:

Kinyua – Court Clerk

No appearance for parties