Fooling a foreigner in an effort to be rich? Man loses bid for share of ex-wifes property.
Posted by African Press International on September 12, 2016
PHILIP MUYANGA -1 | Jumatatu, September 12, 2016. Nation news Kenya
A woman believed to be from the United Kingdom got a sigh of relief after a court dismissed a case filed by her former Kenyan husband who sought to have the court determine whether two houses form part of matrimonial property and ought to be shared equally.
Justice Said Chitembwe, sitting in Malindi, said Ms MB does not need to account for money received for the sale of their matrimonial house in Kilifi.
The judge said Ms MB used her money to purchase the property and was entitled to it as it was in her name.
Mr MBK sued Ms MB whom he married in 2007 before their dissolution of the marriage in 2011.
He sought to have the court determine whether his former wife should account for the proceeds of the sale of the house.
Justice Chitembwe ruled that the proceeds of the house could only be shared according to one’s contribution.
“The constitution under Article 45 does not provide for equal distribution of matrimonial property,” said Justice Chitembwe.
He added that Mr MBK made no financial contribution and his only contribution was through companionship.
The court ruled that Mr MBK from Ganze in Kilifi County is not entitled to a share of the sale proceeds of the house since his contribution towards the purchase of the house was minimal.
The woman had told the court that she spent about Sh1 million in construction of a house in Ganze, the rural home of her former husband.
According to the woman, while building the Ganze house, her former husband’s father would also supervise the construction and she used to pay him Sh5, 000 every month.
Ms MB position was that the house was to be their matrimonial home but Mr MBK claimed it was built by the woman so that she could entice his parents to bless the marriage.
In his evidence, Mr MBK claimed the defendant did not build for him a house at his rural home in Ganze since when he introduced her to his parents, they objected to the marriage as she was older than him and they wanted a grandchild.
MAKE OWN DECISIONS
However, the court noted that at 38 years, Mr MBK was an adult who could make his own decisions and decided to marry Ms MB and the issue of enticing his parents cannot arise.
“I believe under Giriama customs the woman does not pay dowry, it is the man to pay, there is no evidence that the defendant was so desperate to get married to the plaintiff to the extent of building a house for the plaintiff’s parents,” said the judge
Justice Chitembwe noted that the woman was not interested in the house and that taking into account its value estimated at around Sh1 million and unpaid loan of Sh500,000, the total amount is enough compensation to the plaintiff.
“The plaintiff should be satisfied that he walked out of the marriage with the Ganze house and the sum of Sh500,000. It should also not be lost that he also campaigned for the post of a councillor in 2007 and she assisted him financially,” said Justice Chitembwe.
Mr MBK and his former wife had before their marriage entered into a prenuptial agreement where each party was to own any property owned before the marriage.
Justice Chitembwe also ruled that an apartment in Malindi does not form part of the couple’s properties acquired during the marriage.
The judge also found that the case by Mr MBK filed in March 2015 lacks merit since it was filed more than three years after the dissolution of the marriage in 2011.
African Press International, (API)