JGK v FWK [2024] KEHC 4734 (KLR) | Matrimonial Property Distribution | Esheria

JGK v FWK [2024] KEHC 4734 (KLR)

Full Case Text

JGK v FWK (Civil Case 19 of 2017) [2024] KEHC 4734 (KLR) (18 April 2024) (Directions)

Neutral citation: [2024] KEHC 4734 (KLR)

Republic of Kenya

In the High Court at Meru

Civil Case 19 of 2017

TW Cherere, J

April 18, 2024

Between

JGK

Applicant

and

FWK

Respondent

Directions

1. By a judgment dated 13th July, 2023, this court determined this matrimonial cause and made a finding that LR. Kianjai/mituntu/257 is matrimonial property and directed that the same be distributed in equal shares to parties herein.

2. A green card presented in support of the application dated 14th December, 2023 reveals that the caution that Plaintiff/Applicant seeks to lift was placed in favour of LM and DM on 26th September, 2002 and a charge in favour of Industrial & Commercial Credit Development Corporation was registered on 04th October, 1996.

3. There is no evidence that this application has been served on the above-named parties and since it would not be in the interest of justice to condemn them unheard, it is hereby ordered:1. The ruling scheduled for 18th April, 2024 was set prematurely2. Plaintiff/Applicant is directed to serve the application dated 14th December, 2023 on LM, DM and Industrial & Commercial Credit Development Corporation within 14 days from today’s date3. Upon service, LM, D and Industrial & Commercial Credit Development Corporation shall have 14 days to file and serve their respective responses4. Thereafter, the Applicant shall have 3 days to file and serve any further affidavit if need be5. After the last of 3 days in order (4) above, parties will be at liberty to file and serve respective submissions if need be with each party having 3 days each6. Mention on 12th June, 2024 to take date for ruling on the application application dated 14th December, 2023

DELIVERED AT MERU THIS 18th DAY OF April 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Plaintiff/Applicant - Mr. Muthomi for John Muthomi & Co. AdvocatesFor Defendant/Respondent - Mr. Mwirigi for OMK Advocates, LLP