FLORENCE KERUBO v MOSES W. MAKUNDA [2007] KEHC 3127 (KLR)

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)

FLORENCE KERUBO …………………………………. PLAINTIFF

VERSUS

MOSES W. MAKUNDA …………..….……………… DEFENDANT

RULING

    Further to my judgment dated 21^st September, 2006 I invited both the counsel to submit on how matrimonial properties should be actually divided between the two.

    I have already found that the matrimonial properties are jointly owned by the parties in equal shares.

    Only the Applicant filed her affidavit as to the mode of division of the three properties.

    Without anything in response from the Respondent, I shall accept her proposals.

    I thus order that the three properties namely:                       

(a) L.R. No.5335/3 and 5335/4 Endebes admeasuring 20 acres

(b)  L.R. No. Bulchoyo/Mundika/1376 admeasuring 0.45 hectares, and

(c)  South Teso Angoromo/1085 admeasuring 1.01 hectares

be registered in joint names of the parties as tenants in common in equal shares.

    Orders accordingly.

Dated and signed this 23^rd March, 2007.

K.H. RAWAL

JUDGE

23.3.07