[2014] KEHC 3307 (KLR)

[2014] KEHC 3307 (KLR)

The court found that the respondent had deserted the petitioner, as alleged, and that the marriage had irretrievably broken down. There was no evidence of collusion or condonation. The petitioner's evidence was unchallenged and credible. Accordingly, the court held that the legal grounds for dissolution of the marriage had been established and granted the orders sought by the petitioner.

Citation
[2014] KEHC 3307 (KLR)
Parties
Petitioner: C A M; Respondent: R S M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 August 2014
Case Number
Divorce Cause 115 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

C A M

Petitioner

R S M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the marriage has irretrievably broken down under the law.
  3. 3 Whether there was collusion or condonation between the parties regarding the alleged desertion.

Ratio Decidendi

The court found that the respondent had deserted the petitioner, as alleged, and that the marriage had irretrievably broken down. There was no evidence of collusion or condonation. The petitioner's evidence was unchallenged and credible. Accordingly, the court held that the legal grounds for dissolution of the marriage had been established and granted the orders sought by the petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 11th May 1985 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.