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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
PETITION OF APPEAL
1. The Petitioner appeals from the Court of Appeal judgment dated [date] concerning the property registered in her name. The appeal is brought under Article 163(4)(b) on the questions certified by [decision and date], a copy of which appears at [record page].
2. The parties lived together for a long period and later separated. The Respondent asserted marriage and a beneficial interest in acquisition and development. The Petitioner disputes the presumption of marriage and the basis for an equal division.
3. Ground one: the appellate court presumed a marriage without properly determining capacity in light of the pleaded prior marriage and its legal status. The relevant evidence and findings are [pages]. Long cohabitation does not dispense with a proved legal impediment.
4. Ground two: the judgment treated presumed marriage as sufficient to support an equal property allocation without separately analysing the established contributions and the legal basis for beneficial ownership.
5. Ground three: if the record supports a constructive trust independently of marriage, the extent of that trust must be quantified on the proved conduct and contributions. The petition challenges an unexplained equal split rather than asserting that registration always excludes another person’s beneficial interest.
6. The evidence material to the certified issues includes the acquisition documents, testimony about the relationship, utility payments and development through rental proceeds. The petition identifies those existing items without submitting a fresh contribution narrative as evidence.
7. The Petitioner requests that the marriage-presumption conclusion be set aside and the property relief reconsidered on the proper legal basis and the record. Any alternative allocation sought is [pleaded percentage and record justification], not a universal formula taken from another case.
8. The appeal is confined to the certified questions and the permissible record. The document schedule contains the notice, certificate, judgments and relevant pleadings. Any need for additional evidence will be the subject of a formal application.
DATED at [place] on [date]. [Signature of party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
Kangara resulted in a constructive trust and a 70/30 allocation even though marriage was not presumed. A petitioner should address that alternative rather than assume that defeating marriage defeats every property claim. Use Form G and check whether each ground falls within certification.
P1 notice and certificate; P2 appellate judgment; P3 trial judgment and pleadings; P4 existing acquisition, contribution and capacity evidence.
Source facts and limits of the decision
Former cohabitants disputed property registered in the woman’s name. The man relied on their relationship and contributions to acquisition, utilities and development. The High Court rejected the claim, while the Court of Appeal presumed marriage and divided the property equally.
The Supreme Court rejected the presumed marriage but found a constructive trust from the parties’ conduct and contributions. It apportioned the interest 70% to the woman and 30% to the man. Long cohabitation did not create an automatic half share.
Constitution Article 163(4)(b) and (5); Supreme Court Rules 2020 rules 33, 38–40 and 42; constructive-trust principles. The historical originating summons invoked the repealed Married Women’s Property Act 1882: that is not a current new-claim filing route.
Read the original reported decision: Supreme Court Petition 9 of 2021 — 27 January 2023
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. Relevant facts, reasons and disposition checked in the official Supreme Court judgment PDF through retrieved text. The specimen is a fresh educational reconstruction; it is not a reproduction of an actual pleading.
Related law and procedural rules
Constitution of Kenya · Supreme Court Act · Supreme Court Rules 2020 — official compilation
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