[2005] KEHC 436 (KLR)

[2005] KEHC 436 (KLR)

The court found that the marriage between the petitioner and respondent was never consummated and that there was no cohabitation since the marriage ceremony. The respondent left the country immediately after the marriage and did not return or fulfill marital obligations. The court was satisfied that the grounds for...

Source-derived case information.

Citation
[2005] KEHC 436 (KLR)
Parties
Applicant: C.A.W; Respondent: S.M.S
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 February 2005
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
english
Family and Children Nullity of Marriage Non Consumation Absence of Cohabitation

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Summary, issues, holding and outcome

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Parties

C.A.W

Applicant

S.M.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be declared a nullity due to non-consummation and lack of cohabitation.
  2. 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 marriage ceremony. The respondent left the country immediately after the marriage and did not return or fulfill marital obligations. The court was satisfied that the grounds for nullity were established and that the petitioner had not colluded in bringing the petition. Therefore, the marriage was declared a nullity.

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.