Section 148A

(1) Notwithstanding anything contained in this Part or in any other interests in law, a husband or wife may during divorce proceedings make application to the court for a declaration of his or her title or rights in respect of property acquired by the husband and wife jointly during the subsistence of the marriage, or acquired by either of them during the subsistence of the (2) In any proceedings under sub-section (1), the court may declare the title or rights, if any, that the husband or the wife has in respect of the property. (3) In addition to making a declaration under sub-section (2), the court may also in such proceedings make such order as it thinks fit altering the interests and rights of either the husband or the wife in the property, including– (a) an order for a settlement of some other property in substitution for any interest or right in the property; and (b) an order requiring either the husband or the wife or both of them to make, for the benefit of one of them, such settlement or transfer of property as the court determines. (4) The Court shall not make an order under sub-section (3), unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. 82 (5) In considering whether it is just and equitable to make an order under sub-section (3), the court shall take into account the following– (a) the financial contribution made directly or indirectly by or on behalf of either the husband or the wife in the acquisition, conservation or improvement of the property, or otherwise in relation to the property; (b) the non-financial contribution made directly or indirectly by or on behalf of either the husband or the wife in the acquisition, conservation or improvement of the property, including any contribution made in the capacity of housewife, homemaker or parent; (c) the effect of any proposed order against the earning capacity of either the husband or the wife; (d) the age and state of health of both the husband and the wife, and the children born from the marriage, if any; (e) the non-financial contribution made by the wife in the role of wife and/or mother and in raising any children born from the marriage, if any; (f) the eligibility of either the husband or the wife to a pension, allowance, gratuity or some other benefit under any law, or under any superannuation scheme, and where applicable, the rate of such pension, allowance, gratuity or benefit as aforesaid; (g) the period when the parties were married and the extent to which such marriage has affected the education, training and development of either of them in whose favour the order will be made; (h) the need to protect the position of a woman, especially a woman who wishes to continue in her role as a mother; or (i) any other fact or circumstances that in the opinion of the court, the Justice of the case requires to be taken into account. (6) Where the court makes an order under sub-section (3), it may also make such consequential orders in respect thereto, including orders as to sale or partition, and interim or permanent orders as to possession, and may further order that any necessary deed or instrument be executed, and that such documents of title to the property be produced or such other things be done as are necessary to enable the court’s order to be carried out effectively, or that security be provided for the due performance of an order. (7) Any order made by the court under this section shall be binding on the husband and the wife, but not on any other 148.B-(1) Where a court is satisfied on an application by a person affected by an order made under section 148B, that the order was obtained by fraud, duress, the giving of false evidence or by the suppression of evidence, the court may, in its discretion, set aside the order, or make another order in substitution of the order. Power to set aside orders altering property (2) Section 148A(7), shall apply in respect of an order made under sub-section (1). 84 148.C-(1) Any person affected by a final order made under section 148A or 148B, or by the setting aside of a final order under section 148B, may appeal against such order or setting aside of the order to the Court of Appeal, pursuant to section 14(l)(a) of the Court of Appeal Act. CAP. 90. (2) In the case of interlocutory orders, any person affected by such an order made under section 148A or 148B, or by the setting aside of such an order under section 148B, shall have recourse in the matter to the Supreme Court in the first instance, but may appeal the decision of the Supreme Court made under this section to the Court of Appeal pursuant to section 14(1) of the Court of Appeal Act. (3) The same procedure used in applying to the court or in appealing to the Court of Appeal in divorce proceedings shall as far as applicable be used for applications under section 148A to