[2006] KEHC 3298 (KLR)

[2006] KEHC 3298 (KLR)

The court found that both parties had sought dissolution of the marriage and had not cohabited for over 15 years. The evidence established that the marriage had irretrievably broken down, regardless of the specific allegations of cruelty, adultery, or desertion. The court was satisfied that the statutory grounds for...

Source-derived case information.

Citation
[2006] KEHC 3298 (KLR)
Parties
Petitioner: BRNN; Respondent: MAMK
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
20 January 2006
Case Number
Divorce Cause 42 of 1997
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce granted; marriage dissolved
Judges
FI Koome
Legal Topics
Divorce, Dissolution of Marriage, Irretrievable Breakdown, Cruelty, Adultery, Desertion
Source Language
english
Family and Children Divorce Dissolution of Marriage Irretrievable Breakdown Cruelty Adultery Desertion

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Summary, issues, holding and outcome

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Parties

BRNN

Petitioner

MAMK

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 grounds of cruelty, adultery, or desertion have been established to warrant dissolution of marriage.
  3. 3 Whether either party is entitled to costs.

Ratio Decidendi

The court found that both parties had sought dissolution of the marriage and had not cohabited for over 15 years. The evidence established that the marriage had irretrievably broken down, regardless of the specific allegations of cruelty, adultery, or desertion. The court was satisfied that the statutory grounds for dissolution were met and that there was no collusion between the parties. Accordingly, the court granted a decree of divorce, dissolving the marriage solemnized on 29th January 1983, and ordered that each party bear their own costs.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • Decree nisi of divorce to issue for a statutory period of three months.
  • Each party to bear their own costs.