Woman left homeless after husband secretly sells their marital home.

A woman and her children are stranded after her husband secretly sold their matrimonial home.

Jennifer Akinyi sought to repossess the matrimonial home through the Environment and Land Court.

Her case was however dismissed in light of her sleeping on her rights to have the property registered under joint ownership agreement with the husband.

Justice Anne Omollo yesterday ruled that Akinyi’s husband Boniface Osodo cannot be blamed for selling a property he bought using his own money.

She blamed Akinyi of the problem facing her.

“The court could only interfere with the husband’s decision to dispose of the land if it was established that the sale was unlawful or meant to conceal fraudulent activities,” ruled Omollo.

“The court could only interfere with the husband’s decision to dispose of the land if it was established that the sale was unlawful or meant to conceal fraudulent activities,” ruled Omollo.

Akinyi accused her husband of selling their Busia matrimonial home to Alfred Juma and Edith Atieno without her consent as the wife.

She alleged that the land was a gift from her father-in-law after their 1985 wedding.

They occupied the land till she went to work in Britain.

Upon returning in 2015 with plans to develop their matrimonial home,she realised that the land had been sold by the husband.

Further,she claimed that the husband forged documents to effect the transfer to Juma and Atieno failing to have the interests of his family taken care of.

She also accused her husband of colluding with registrar of land in Busia to change the title of the land in favour of the buyers even after she put a notice against buying the land on the premise that it was a matrimonial home.

In response,Osodo said that he bought the land way back in 1981 with his own money before their marriage hence needed no spousal approval before selling it.

He stated that since the title was registered in his name, he used it as security to secure a loan from Agricultural Finance Corporation (AFC).

He said it was the financial challenges he experienced while serving the loan that made him sell the matrimonial home.

He added that he used part of the money to pay the loan.

Osodo further said that he was in the process of divorcing his wife with whom they have been married for 35 years hence needed did not have to seek her consent in selling the land.

In the Ruling,Justice Omollo said that there was no evidence that the land was a gift to the family.

“The wife has not produced any evidence to show the land was a gift from her father-in-law,” ruled the judge.

“I agree with the husband’s submission and evidence he provided to prove he purchased the property before their marriage.”

According to the judge, there was evidence that Osodo used part of the proceeds to settle the AFC loan.

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