[2005] KEHC 3168 (KLR)
The court found that the marriage between the petitioner and respondent was never consummated and that there was no cohabitation since the date of the marriage. The respondent left the country immediately after the marriage and did not return or fulfill any marital obligations. The court was satisfied that the...
Source-derived case information.
- Citation
- [2005] KEHC 3168 (KLR)
- Parties
- Petitioner: C A W; Respondent: S M S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 71 of 2004
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage declared a nullity
- Legal Topics
- Nullity of Marriage, Non Consumation, Absence of Cohabitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C A W
Petitioner
S M S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent should be declared a nullity due to non-consummation and lack of cohabitation.
- 2 Whether the petitioner is entitled to costs of the proceedings.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent was never consummated and that there was no cohabitation since the date of the marriage. The respondent left the country immediately after the marriage and did not return or fulfill any marital obligations. The court was satisfied that the grounds for nullity had been established as required by law. Consequently, the marriage was declared a nullity, a decree nisi was issued for three months, and the petitioner was awarded the costs of the proceedings.
Court Disposition
petition allowed; marriage declared a nullity
Orders
- The marriage solemnized between the petitioner and respondent on 23rd July 2002 is declared a nullity.
- A decree nisi shall issue for a period of 3 months.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS
DIVORCE CAUSE 71 OF 2004
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 71 OF 2004
C A W…………………………………….PETITIONERVersusS M S………………………….RESPONDENTJUDGMENT
The petitioner in this divorce cause sought for an order declaring the marriage that was solemnized between her and the respondent on 23rd July 2002 at the Registrars Office, Nairobi a nullity.
This was an undefended petition, and the Registrars certificate was issued on 29th April 2004.
During the hearing the petitioner gave evidence and reiterated the grounds of nullity contained in paragraph 6 of the petition.
According to the petitioner, who is domiciled in the Republic of Kenya, there was no cohabitation after marriage and the marriage was not consummated.
There is no issue of the marriage. Soon after the marriage, the respondent left the country. He promised to take the petitioner out of the country but he has never returned.
The respondent declined even to spend one night with the petitioner and his intention was to get a marriage certificate inorder to get a tax exemption. Accordingly the petitioner who has not filed this petition in collusion sought for the orders.
I have given due consideration to the grounds advanced in support of this petition.
Am satisfied that for reasons that this marriage was never consummated since July 2002 and the respondent has not shown up since marriage. I am satisfied that the marriage that was solemnized between the petitioner and respondent is hereby declared a nullity.
The decree nisi shall issue for a period of 3 months.
The petitioner shall have the costs of these proceedings.
It is so ordered.
Judgment read and signed on 4th February 2005.
MARTHA KOOME
JUDGE