Automated Summary
Key Facts
In SEN v FWK (Matrimonial Cause E002 of 2024), the High Court of Kenya ruled on an unopposed application for injunctions to prevent the respondent from disposing of three parcels of land (Gilgil/Gilgil Block 1/11956, 11972, and 9825) and a motor vehicle (KBR 471R Mitsubishi Outlander). The applicant, married to the respondent in 2009, claimed the properties were held in trust for him and their children. The court granted the injunctions due to the respondent's failure to respond, citing apprehension of prejudice if the assets were sold. The main divorce suit was ordered to be heard within 30 days, with costs to follow its outcome.
Issues
The applicant sought injunctions to prevent the respondent from selling, leasing, or otherwise disposing of three parcels of land (Gilgil/Gilgil Block 1/11956, 1/11972, and 1/9825) and a motor vehicle (KBR 471R Mitsubishi Outlander) under the Matrimonial Property Act and related legal provisions. The court granted the unopposed application, citing the respondent's failure to file a response, and ordered the main suit for division of matrimonial property to proceed within 30 days.
Holdings
- The costs of the application were ordered to abide the outcome of the main suit.
- The court directed that the main matter be set down for hearing within 30 days of the date of this order (10 March 2025).
- The court granted prayers (5) and (6) of the application, issuing injunctions to restrain the respondent from disposing of specified parcels of land (Gilgil/Gilgil Block 1/11956, 1/11972, 1/9825) and the motor vehicle KBR 471R. The respondent's failure to respond left the application unopposed.
Remedies
- The costs of this application are to abide the outcome of the main suit.
- An injunction was issued to restrain the respondent from selling, leasing, charging, exchanging, or otherwise disposing of the motor vehicle KBR 471R.
- The court granted an injunction restraining the respondent from selling, leasing, sub-leasing, charging mortgaging, subdividing, partitioning, exchanging, creating an easement or wayleave, transferring, erecting structures, or blocking ingress and/or egress to specific land parcels (Gilgil/Gilgil Block 1/11956, 11972, 9825) in Kekopey.
Legal Principles
The court granted an interim injunction to prevent the respondent from disposing of matrimonial property and a vehicle pending determination of the main suit, based on the Matrimonial Property Act 2013 and related legal provisions.
Precedent Name
Faith Wanjiru Kiburi v Mwangi Charles Mahinda
Cited Statute
- Civil Procedure Act Cap 21 Laws of Kenya
- Constitution of Kenya 2010
- Civil Procedure Rules
- Matrimonial Property Rules, 2022
- Matrimonial Property Act No. 49 of 2013
Judge Name
Grace L. Nzioka
Passage Text
- The applicant avers that he got married to the respondent on 5th September 2009 at Naisoya African Inland Church as evidenced by the annexed marriage certificate. That the union has been blessed with two (2) children, Jimmy Brian Munene and Byron Saitabao, as supported by the annexed birth certificates.
- The applicant further avers that, the property Gilgil/ Gilgil Block 3/11 is a subject of litigation in Nakuru Law Courts... Further on 22nd November 2022, he applied for caution over Gilgil/ Gilgil Block 1/11956 (Kekopey) Gilgil/ Gilgil Block 1/1972 (Kekopey) and Gilgil/ Gilgil Block 1/9825 Kekopey.
- From the foregoing it is evident that the respondent has opted not to defend the matter. Therefore, the application is unopposed. Consequently, I grant prayers (5) and (6) thereof.