Homa Bay: Court orders divorced couple living in same house to sell their home

By , K24 Digital
On Fri, 31 Mar, 2023 16:16 | < 1 min read
Homa Bay
Image used for illustraton purposes. PHOTO/Pexels

A divorced couple in Homa Bay was directed by the High Court to sell their house and share the amount in a move meant to settle a property dispute.

The two; Joseph Okiki and Rosemary Ochieng had married in 2014 but later divorced in January 2022.

They agreed to share the house since they contributed half each during the construction of the home situated in Kasgunga, Suba North sub-county. The court heard that Rosemary contributed Ksh3.1 million.

In their agreement, Okiki was to settle on the building's first floor while Rosemary settles on the ground floor.

However, Okiki later complained that he had a spinal cord disorder which made it hard for him to continue staying on the first floor. He moved to court to find out how to solve the property dispute.

While appearing before Justice Kiarie Waweru, the couple was asked to approach the Institution of surveyors of Kenya to help facilitate the sale of the house and share the profits.

Justice Waweru also suggested that if the two were against the directive, one of the couples should sell his or her share of the house and hand it over to the other.

In his ruling, Justice Waweru said: "After hearing both parties, it emerges that the best option is to allow the applicant (Okiki) to buy out the respondent. This will translate to 50 per cent of the maisonette, and the value of the gazebo and the servants’ quarters valued separately,"

On her part, Rosemary was open to selling the house and sharing the proceeds, she also told the court that she was willing to sell the share of her house to Okiki.

Okiki on his side expressed dissatisfaction noting that he was not open to selling his house since it sits on his ancestral land.

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