Long-Term Cohabitation Recognized as Marriage in Voi High Court Decision
It was his evidence that he started cohabiting with Monochi, the Respondent in the year 2010 until the year 2021 when she discovered that he had a love affair with another woman.
A pivotal ruling by the High Court in Voi has suppressed the ignorance of prolonged cohabitation between the parties by acknowledging the relationship that they could marry and that they intended to get married.
The judgement delivered by Justice Asenath Ongeri, sitting at Voi High Court sufficiently proved on a balance of probabilities, that a presumption of marriage existed between William Msafiri Godwilly and Jacinta Leonida Monochi,
“Based on their prolonged cohabitation, mutual intention to marry, and public acknowledgment as husband and wife, I hereby upheld the judgment of the trial court delivered on October 23, 2024,” Justice Ongeri ruled.
The judge acknowledged Monochi’s contentions that she started living with the Appellant in the year 2003 until 2010 despite the discrepancy by Msafiri, the appellant, they cohabited from 2010 until the year 2021.
Justice Ongeri said that the “Respondent said they started living together in 2003 and the Appellant said the cohabitation started in 2010 to 2021, there is evidence that the parties cohabited for a long period.”
She urged the court to declare there existed a presumption of marriage between them and that the two were wife and husband.
She also prayed the court to consider property LR No Kimorigo/Mboghoni/1358, in Taveta, to be declared as matrimonial property and motor vehicle registration number T600 BRH as household goods and effects therein are matrimonial property within the meaning of the Matrimonial Properties Act 2013.
Further, she pleaded with the court to give a permanent injunction restraining the appellant (Msafiri) from intimidating, threatening, and/or harassing her whatsoever.
Monochi had submitted that during the cohabitation she constructed a two-bedroom house in the suit property in Taveta where she produced photographs as proof of the same.
She confirmed to the court that she was living in the said house and taking care of it, a fact that was confirmed by the appellant. He also confirmed that neighbors knew the respondent was his lover and fiancé and she was living in the house under that capacity.
The relationship went sour after the discovery that Msafiri had another wife.
Msafiri filed a defence dated October 21, 2022, denying the Respondent’s claim and stating that there was a simple relationship between himself and the Respondent which cannot be regarded as a marriage.
It was his evidence that he started cohabiting with Monochi, the Respondent in the year 2010 until the year 2021 when she discovered that he had a love affair with another woman.
He admitted to sending elders to the respondent’s home to inform them that he was living with her and he intended to marry her.
By following the proceedings, Justice Ongeri concurred with the trial court’s findings that the suit property and the motor vehicle were acquired while the parties were cohabiting as husband and wife and they are therefore matrimonial properties. She also acknowledged that Monochi was legally and lawfully entitled to live in the matrimonial home peacefully and quietly.
Following the evidence adduced before the court, Justice Ongeri indicated that “evidence demonstrated that these assets were acquired and developed during the subsistence of the relationship, with contributions from both parties, and this appeal is hereby dismissed in its entirety.
