A Mombasa court on February 27, certified as urgent a matrimonial case of over Sh100 million following a suit filed over property.
Joyce Mueni George the estranged wife of Sverre Ingrav Asmervik had moved to court on February 27, following a divorce case filed before the Mombasa magistrate court on February 26.
She said she is afraid of losing property she and the man developed jointly during the substance of their marriage which are all registered in the name of the husband and their company Ingvar Investment Limited.
Justice Gregory Mutai gave Asmervik three days to respond to the suit pending hearing scheduled for March 12, 2024.
In fear of Asmervik fleeing the country, Mueni now wants the court to give orders to the director of immigration restraining the respondent from leaving the country as she believes he will spirit away all his account assets and himself offshore to evade proper course of justice.
“A restraining order directing the director immigration services to prevent, restrain and or deny the respondent from leaving the jurisdiction of the honorable court…….. An order directing him to deposit his passport or in lieu deposit Sh20,000,000 before court,” read the court papers.
Mueni also wants the court to declare all the properties, accounts and assets registered in the name of the man and/or under his company as jointly owned by her and Ingrav.
“…in the interim the 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.”
Mueni and Ingrav then a spinster and divorcee respectively had on November 5, 2013 formalized and celebrated their marriage before the registrar of marriage Mombasa.
During their marriage they cohabited together in Mombasa between 2013-2017 and acquired various properties, she alleged.
Mueni through her lawyer Elikana Mogaka alleged that Ingrav had without any justification of law or any consultation and spousal consent purportedly sold, transferred, alienated, leased out and disposed of matrimonial properties of marriage which are subject to equitable division.
Following a suit filed in December 27, 2023 before a Mombasa Land and Environment Court after the man reportedly transferred matrimonial property without consent from her as they are still legally married, Mueni moved to the Mombasa Magistrate divorce court on February 26, seeking orders directing the Director of Criminal Investigations to investigate all known accounts, assets and properties owned by both her husband and his company pending hearing and determination of the matter.
“.. court be pleased to issue an order directing the DCI Kiambu to prepare and table a report of all known accounts, assets and properties owned by both Ingrav investment limited and the respondents within 30 days pending inter parties hearing hereof and final disposal of this application,” the court papers read.
Magistrate Lewis Gatheru has since certified the matter as urgent.
Mueni alleges that during the marriage, the respondent consistently treated her with contempt, disrespect and cruelty, causing her significant mental and psychological anguish.
The specific 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.
Consequently, irreconcilable differences emerged that led to a breakdown in meaningful communication between them.
“The marriage between us irretrievably broke down for the reasons set out herein above,” she alleged.
The matter will be heard on March 7, 2024.
As for the matter filed before the Mombasa land and environment court Mueni wants the court to restrain Ingrav from accessing the ten suit premises pending hearing and determination.
“…Temporary injuction do issue restraining the defendants either by himself, his servants, agents and or employees from entering the suit premises and interfering, making further changes and or further destroying the plaintif’s property on the suit premises.”
She want the Officer Commanding Kilifi Police station compelled to assist in effecting the same.
“Applicant stands to suffer and has already suffered irreparable damage incapable of being compensated by ways of damages if the interim orders sought herein are not granted.”
The matter is coming up for directions before Justice Stephen Kibunja on April 17, 2024.
So far three matters have been filed against Sverre Ingvar Asmervik in different courts.
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