PETITION NO. 9 OF 2021 MARY NYAMBURA KANGARA VS PAUL OGARI MAYAKA (1) (1) (6)

Overview

[1] This appeal raises a fundamental legal issue pertaining to property rights. It is premised on the provisions of the repealed Married Women’s Property Act of The Act was repealed in January 2014 while this matter was filed in the High Court in November 2013. The appellant challenges the decision of the Court of Appeal (Waki, Kiage & Sichalle) which set aside the decision of the High Court (Musyoka J) and determined that there was a presumption of marriage between the appellant and the respondent and that the respondent was entitled to half of the suit property being Plot No.29 within Dagoretti/Riruta/168 together with the developments thereon…