[2005] KEHC 1243 (KLR)

[2005] KEHC 1243 (KLR)

The court found that the Petitioner had proved, to the required standard, that the marriage had irretrievably broken down due to prolonged separation and acts of cruelty by the Respondent. The Respondent did not challenge the evidence presented. The court was satisfied that there was no collusion or condonation of...

Source-derived case information.

Citation
[2005] KEHC 1243 (KLR)
Parties
Applicant: B.N; Respondent: L.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 October 2005
Case Number
Divorce Cause 177 of 2000
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage allowed; marriage dissolved.
Legal Topics
Divorce, Matrimonial Property Division, Child Custody, Maintenance, Cruelty, Irretrievable Breakdown
Source Language
english
Family and Children Divorce Matrimonial Property Division Child Custody Maintenance Cruelty Irretrievable Breakdown

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Summary, issues, holding and outcome

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Parties

B.N

Applicant

L.N

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 acts of cruelty by the Respondent justify dissolution of the marriage.
  3. 3 Whether the Deed of Settlement on custody, maintenance, and property division should be adopted by the court.

Ratio Decidendi

The court found that the Petitioner had proved, to the required standard, that the marriage had irretrievably broken down due to prolonged separation and acts of cruelty by the Respondent. The Respondent did not challenge the evidence presented. The court was satisfied that there was no collusion or condonation of desertion. The Deed of Settlement executed by the parties was deemed fair and was adopted as an order of the court. Special circumstances justified shortening the period for decree absolute to one month to minimize distress and allow the parties to move on with their lives.

Court Disposition

Petition for dissolution of marriage allowed; marriage dissolved.

Orders

  • The marriage between the Petitioner and Respondent solemnized on 13th August 1988 is dissolved; decree nisi to remain in force for one month.
  • The Deed of Settlement dated 25th July 2005 is adopted and made an order of the court.