[1978] KEHC 14 (KLR)

[1978] KEHC 14 (KLR)

The court found that the petitioner failed to establish that he had abandoned his domicile of origin in Italy and acquired a domicile of choice in Kenya. The evidence showed that the petitioner was in Kenya on a five-year management contract, retained property and household goods in Italy, and had not taken steps to...

Source-derived case information.

Citation
[1978] KEHC 14 (KLR)
Parties
Petitioner: C E S; Respondent: E A M S
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 July 1978
Case Number
Divorce Cause 67 of 1977
Procedural Posture
Divorce Cause / Judgment
Outcome
petition dismissed for lack of jurisdiction
Judges
SK Sachdeva
Legal Topics
Divorce Petition, Domicile of Choice, Jurisdiction of Court
Source Language
english
Family and Children Divorce Petition Domicile of Choice Jurisdiction of Court

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Summary, issues, holding and outcome

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Parties

C E S

Petitioner

E A M S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner had acquired a domicile of choice in Kenya sufficient to confer jurisdiction on the court to hear the divorce petition.
  2. 2 Whether the petition should be dismissed for lack of jurisdiction due to absence of domicile.

Ratio Decidendi

The court found that the petitioner failed to establish that he had abandoned his domicile of origin in Italy and acquired a domicile of choice in Kenya. The evidence showed that the petitioner was in Kenya on a five-year management contract, retained property and household goods in Italy, and had not taken steps to sever ties with Italy or secure permanent employment in Kenya. The certificate from the Municipality of Milan was insufficient to prove permanent emigration. The court held that the circumstances and conduct of the petitioner did not support his assertion of domicile of choice in Kenya. Consequently, the court lacked jurisdiction to hear the divorce petition, and the petition...

Court Disposition

petition dismissed for lack of jurisdiction

Orders

  • The petition is dismissed with costs to the respondent.