The Family Court in Mombasa has objected to a move to order a man to surrender a motor vehicle to his estranged wife after discovering that the property was acquired during their now-divorced marriage.
Justice John Onyiego ruled that the vehicle could not be returned to the woman until both parties were heard and the court dispute was resolved.
“Because the said motor vehicle was acquired during coverture, it is deemed to be matrimonial property that must then be preserved,” Justice Onyiego rules.
Instead, he ordered that the vehicle be recovered and grounded at the nearest police station pending further court orders.
The woman, identified as FMB, filed a lawsuit in order to force the man, MBM, to return, surrender, or hand over the vehicle to her.
She also requested that the vehicle be impounded and kept at the nearest police station by the court.
“That this court be pleased to issue such other equitable orders to protect the subject motor vehicle pending [the] hearing and determination of this suit,” she said.
She told the court that she purchased the vehicle with a loan from her employer during their marriage.
“As the sole financier in acquiring [it], I, therefore, pray for the court to order the surrender of the motor vehicle to me,” she said.
However, he ruled that the woman’s request that the vehicle is returned to her could not be granted because it was the subject of divorce proceedings.
