[2008] KEHC 1958 (KLR)

[2008] KEHC 1958 (KLR)

The court found that the petitioner had proved, to the required standard under Section 10 of the Matrimonial Causes Act (Cap 152), that the respondent deserted him without reasonable cause. The petitioner's testimony was uncontroverted and credible, and there was no evidence of collusion or accessory conduct by the...

Source-derived case information.

Citation
[2008] KEHC 1958 (KLR)
Parties
Petitioner: A.G.L.R; Respondent: H.A.A
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 July 2008
Case Number
Divorce Cause 104 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage granted.
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Causes, Irretrievable Breakdown
Source Language
english
Family and Children Dissolution of Marriage Desertion Matrimonial Causes Irretrievable Breakdown

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Summary, issues, holding and outcome

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Parties

A.G.L.R

Petitioner

H.A.A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without reasonable cause.
  2. 2 Whether the petitioner is entitled to dissolution of marriage under Section 10 of the Matrimonial Causes Act (Cap 152).

Ratio Decidendi

The court found that the petitioner had proved, to the required standard under Section 10 of the Matrimonial Causes Act (Cap 152), that the respondent deserted him without reasonable cause. The petitioner's testimony was uncontroverted and credible, and there was no evidence of collusion or accessory conduct by the petitioner. The marriage was deemed irretrievably broken down due to the respondent's desertion since 2002, justifying the dissolution of the marriage.

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree Nisi to be made absolute within 60 days.