Woman fights to be granted 100 percent property ownership

A woman has moved to court to stop her former husband from demanding a share of Sh30 million property in Uasin Gishu and Kakamega counties.

Caroline Osoto, who argues she acquired the properties by herself, moved to the High Court in Eldoret seeking orders to be granted their full ownership in a protracted dispute with her former husband Martin Osoto.

The properties include two prime plots in Kimumu Estate, along Eldoret-Iten highway, and two-acres in Lugari sub-county in Kakamega.

On the plots are several rental houses and business premises that generate monthly income of more than Sh100,000.

In her suit, Caroline claims her former husband never contributed towards acquisition of the properties and development of the prime plots during their marriage of 27 years.

She told Justice Stephen Githinji that their differences were irreconcilable.

“My former husband had been subjecting me to domestic violence which resulted in the loss of my four upper teeth. I have also been hospitalised on several occasions after being beaten by him,” she told the court.

She further stated she decided to move to court where she was granted her prayers to terminate their marriage after it became apparent that they could no longer stay together as husband and wife due to violence.

“Our marriage was annulled in 2015 and I decided to move out with our four children after my former husband disowned them,” Caroline told the court.

She told the judge that her former husband used fraudulent means to insert his names in title deeds of her plots despite the fact that he contributed nothing to acquisition and development of the properties.

Acquired properties

Caroline, through lawyer Morris Oduor, told the court that she acquired the properties through loans she borrowed from Moi University Savings and Credit Cooperative Society and National Bank of Kenya’s Eldoret branch where she is an account holder.

She told the judge that she is in fact still servicing loans she took to develop the two plots.

But her former husband dismissed her allegations that he did not financially contribute to the acquisition and development of the disputed plots.

Osoto said they bought and developed the properties jointly.

He argued that his contribution to the acquisition of the properties entitles him to an equal share.

Justice Githinji set June 12 as the date the matter will resume for hearing when three witnesses will be called in to testify against Mr Osoto.