[2014] KEHC 951 (KLR)

[2014] KEHC 951 (KLR)

The court found that the petitioner’s evidence of irretrievable breakdown and lack of communication was uncontroverted, as the respondent did not adduce counter evidence. The court was satisfied from the material before it that the marriage had irretrievably broken down and that there was no collusion between the parties. Accordingly, the court held that the legal threshold for dissolution of marriage had been met and granted the decree nisi for dissolution, to be made absolute after thirty days.

Citation
[2014] KEHC 951 (KLR)
Parties
Petitioner: A S B; Respondent: H K S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
11 December 2014
Case Number
Divorce Cause 228 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Matrimonial Disputes
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Matrimonial Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

A S B

Petitioner

H K S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner has established grounds for divorce based on cruelty.
  3. 3 Whether there was collusion between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the petitioner’s evidence of irretrievable breakdown and lack of communication was uncontroverted, as the respondent did not adduce counter evidence. The court was satisfied from the material before it that the marriage had irretrievably broken down and that there was no collusion between the parties. Accordingly, the court held that the legal threshold for dissolution of marriage had been met and granted the decree nisi for dissolution, to be made absolute after thirty days.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 20th September 2006 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.