The High Court in Mombasa on Wednesday froze assets worth Sh100 million in a matrimonial case where a Kenyan woman has sued her Norwegian husband.
The estranged wife Joyce Mueni moved to court on February 26, on grounds that her husband Sverre Ingrav Asmervik had purportedly sold, transferred and disposed of matrimonial properties of the marriage without any justification in law.
She has since sought legal recourse by filing a case before the Environment and Land Court challenging the said transfers and disposal.
Justice Gregory Mutai ordered Ingrav to table all known matrimonial properties acquired during the substance of their marriage and to submit all title documents and any documents pertaining to the properties pending a hearing and determination of the application.
“..in the interest of justice this honorable court will issue orders in terms of prayers 2,5 and 6 of the originating summons pending the hearing of the said summons inter-parties,” Ruled Mutai
In the suit Mueni alleges that she and her husband acquired the properties jointly during the substance of their marriage therefore the assets, properties and accounts under the man’s company Ingrav Investment Limited where he is the director are subject to equitable division.
Mueni and Sverre separated after irreconcilable differences after living together for four years.
Following the separation she filed divorce proceedings before a Mombasa court.
She alleges that during the marriage, the man consistently treated her with contempt, disrespect and cruelty, causing her significant mental and psychological anguish.
The specified instances of cruelty include the unauthorized sale and transfer of matrimonial properties, habitual disrespect, abandonment of marital duties due to alcoholism and promiscuity and the respondent instigating unnecessary conflicts with insults.
“The marriage between us irretrievably broke down for the reasons set out herein above,” she told the court.
They got married before the registrar of marriage in Mombasa on November 5, 2013.
Mueni through her lawyer Elkana Mogaka says that she contributed both directly and indirectly towards the acquisition and development of matrimonial properties which are now registered in the names of the respondent and his company Ingrav Investment Limited.
Subsequently, Mogaka asked the court to declare all properties, accounts and assets held by the respondent and his company as jointly owned by the applicant and respondent.
“…that in the interim, this honorable court be and is hereby pleased to issue an order restraining the respondent whether by himself, his agents, servants and/or employees or otherwise howsoever from alienating, disposing, selling, encumbering, assigning, transferring or in any other like manner dealing with the properties owned by both Ingrav Investment Limited and the respondent,” read the court papers.
She also wants all the original documents of the titles of the properties which are in possession of Ingrav and Ingrav Investments Limited be deposited in court pending hearing and determination.
Mueni said the manner in which the respondent used to dissolve the marriage and transfer properties is illegal, ludicrous and contrary to the law of Kenya on spousal consent and divorce.
“Unless orders sought are granted, the applicant is apprehensive that the respondent will continue acting in a manner likely to prejudice this case and the equitable distribution of the matrimonial properties before the matter can be heard and determined.”
The matter will be heard on April 16.
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