[2017] KEHC 9412 (KLR)

[2017] KEHC 9412 (KLR)

The court found that the Respondent's previous marriage had been validly dissolved prior to her marriage to the Petitioner, and the Petitioner was aware of the divorce proceedings. The Petitioner failed to prove the existence of his own alleged customary marriage, as no expert or substantive evidence was adduced. The court held that the Petitioner could not benefit from his own wrongdoing, having failed to disclose his prior marriage and seeking equitable relief. The allegations of fraud by the Respondent were unsubstantiated, as both parties were aware of her divorced status and the omission to indicate 'divorced' instead of 'spinster' did not go to the root of the marriage. The court...

Citation
[2017] KEHC 9412 (KLR)
Parties
Petitioner: CBG; Respondent: JLW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 October 2017
Case Number
Annulment Cause 166 of 2013
Procedural Posture
Nullity Cause / Judgment
Outcome
Nullity petition dismissed; marriage dissolved on grounds of irretrievable breakdown.
Judges
LA Achode
Legal Topics
Nullity of Marriage, Divorce Proceedings, Customary Law Marriage, Fraud in Marriage, Irretrievable Breakdown, Limitation Periods
Source Language
English
Family and Children Nullity of Marriage Divorce Proceedings Customary Law Marriage Fraud in Marriage Irretrievable Breakdown Limitation Periods

Case Brief

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Parties

CBG

Petitioner

JLW

Respondent

Procedural Posture

Nullity Cause / Judgment

Legal Issues

  1. 1 Whether at the time of the subject marriage, the Respondent was incompetent to marry by reason of a subsisting marriage.
  2. 2 Whether at the time of the subject marriage, the Petitioner was incompetent to marry by reason of a subsisting customary marriage.
  3. 3 Whether the Petitioner’s consent to the marriage was obtained by fraud, by virtue of false depositions made to the Registrar of marriages.

Ratio Decidendi

The court found that the Respondent's previous marriage had been validly dissolved prior to her marriage to the Petitioner, and the Petitioner was aware of the divorce proceedings. The Petitioner failed to prove the existence of his own alleged customary marriage, as no expert or substantive evidence was adduced. The court held that the Petitioner could not benefit from his own wrongdoing, having failed to disclose his prior marriage and seeking equitable relief. The allegations of fraud by the Respondent were unsubstantiated, as both parties were aware of her divorced status and the omission to indicate 'divorced' instead of 'spinster' did not go to the root of the marriage. The court...

Court Disposition

Nullity petition dismissed; marriage dissolved on grounds of irretrievable breakdown.

Orders

  • The marriage solemnized between the Petitioner and the Respondent on 2nd July 2010 is found to have irretrievably broken down for reasons of irreconcilable differences and is hereby dissolved.
  • Decree nisi dissolving the marriage is hereby issued. It shall be made absolute thirty (30) days from the date of this judgment.