A Malindi Court has restrained a Man from evicting a Businesswoman from their matrimonial home.
Malindi Senior Principal Magistrate James Ongondo issued an order on February 18,2023 stopping Wesche Simon Enna from wasting, damaging or interfering with that matrimonial property located at Habour Cottage.
This is pending the hearing and determination of the matter in court.
“A temporary injunction be and is hereby issued restraining Wesche, officials, employees or whomsoever is acting on his behalf from wasting, damaging, alienating or interfering with or altering the beneficial interest over shares and assets in Habour Key Cottage Management Limited pending the hearing and determination of the suit in court, “added Ongondo.
In her application through lawyer John Swaka, Vivien Nasimiyu Wamalwa claims that her husband whom they jointly bought the property has evicted her from the house.
She claims that they got married in June 2020 in Odennse Kommune Denmark.
The union between the parties was however not blessed with any children.
Swaka in court documents says that the woman had a daughter and Simon a son from their previous relationships.
In May 2021, She secured employment with Telehealth Company in Kenya and they relocated to Kenya.
Simon retained his employment with his Danish employer working remotely.
The two resided in Kilimani Nairobi together with the woman’s daughter in an apartment which the Applicant was renting.
The two while on holiday in Malindi came across a property known as Harbour Cottage No 30 registered as CR No. 35919 and known as Land Portion No. 9699 which piqued their interest.
They purchased it on Sh 7,000,000 via a sale agreement drawn by the Advocate firm of Muli & Ole Kina.
They jointly purchased shares in Harbour Key Cottage Management Limited from Nesti Maria Raffaella
Upon purchase they moved into the property together
Swaka says that the man has been physically and verbally abusive to the woman on several occasions both in Denmark and within the country leaving her with severe injuries and bruises on her body.
The attacks of violence and abuse forced the applicant to seek psychological assistance from a therapist following a marital spat which culminated in the Respondent attempting to kill the Applicant through strangulation
They separated for a brief period within the month of November 2022 and the Applicant moved back into their home in Nairobi.
The woman having had an opportunity to begin healing both physically from the bruises and scars and emotionally, sometimes in the month of February 2023 informed the Respondent that she would be moving back into their home in Malindi
To the woman’s surprise upon arrival on the 7th February 2023, she was met with boxes and bags of her personal items at the gate by one Kenneth Maina who had been hired by the Respondent to bar the Applicant’s ingress and access to the premises.
Lawyer Swaka says that the actions by the Respondent have excluded the Applicant from use and access to her matrimonial home despite having equally contributed to the purchase of the property
The woman is apprehensive that unless restrained by the court the man shall remain a persistent nuisance and a threat to her safety and well-being and her proprietary interests.
Swaka says that the conduct by the man threatens the woman’s quality of life and her proprietary interests over the land as enshrined under the provisions of Article 40 of the Constitution.
“The actions by the Respondent have destabilized and wreaked havoc to the Applicant’s life through the constant threat of assault, physical harm and verbal insults and abuses”, adds Swaka
He says that the actions by the Respondents have been a cause of grave mental ans emotional trauma.
