A long-running divorce property dispute has ended with a Nairobi court ordering a man to leave a multi-million-shilling home in Karen after his former wife buys out his 25 per cent share.
Justice Helene Namisi of the High Court Family Division awarded Joan Atieno Abila 75 per cent of the Karen property, while her former husband, George Amos Odhiambo Oballa, was given a 25 per cent share.
The property was bought between 2005 and 2006 for about Sh17 million, with the cost later rising to Sh18.2 million because of delays and interest charges. The couple and their three children later lived in the house as their family home.
The couple married in November 1996 but eventually separated in 2014. Their marriage was formally dissolved in December 2016.
Abila told the court that she carried most of the financial burden of acquiring the property. She said her mother, Sylvia Zilpah Arende Abila, gave her more than Sh10.3 million to help her secure the home.
Her mother also testified that the money was intended for her daughter and grandchildren and was not meant to give her son-in-law an ownership stake.
Abila further said she obtained several loans, including a Sh6.16 million mortgage, a Sh1.5 million loan from Utafiti Sacco and a Sh3 million facility from Kimisitu Sacco.
Oballa disputed her account and argued that he had also contributed financially. He presented evidence of various payments, including a Sh1.5 million cash deposit and other contributions towards the property and household expenses.
The court accepted some of his documented contributions but found that several other claims were not sufficiently supported by evidence.
Justice Namisi also considered the couple’s non-financial contributions, including raising their children and managing the family home.
The court therefore ruled that Abila was entitled to 75 per cent while Oballa retained 25 per cent.