[2010] KEHC 1066 (KLR)

[2010] KEHC 1066 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation for over three years and the respondent's permanent relocation to the United Kingdom. The court noted that the relationship had deteriorated to the extent that reconciliation was not possible, and the parties would never again live together. The court determined that the essential element of marriage—willingness to live together—was absent. Consequently, the court allowed the petition for divorce and annulled the marriage, issuing a decree nisi to be made absolute after thirty days. No orders were made as to costs.

Citation
[2010] KEHC 1066 (KLR)
Parties
Petitioner: D. L. E. O.; Respondent: K. A. A.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 November 2010
Case Number
Divorce Cause 102 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage annulled; decree nisi issued; no order as to costs.
Judges
LK Kimaru
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Adultery, Alimony, Maintenance
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Adultery Alimony Maintenance

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

D. L. E. O.

Petitioner

K. A. A.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner was treated with cruelty by the respondent.
  3. 3 Whether the respondent deserted the matrimonial home without cause.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by their separation for over three years and the respondent's permanent relocation to the United Kingdom. The court noted that the relationship had deteriorated to the extent that reconciliation was not possible, and the parties would never again live together. The court determined that the essential element of marriage—willingness to live together—was absent. Consequently, the court allowed the petition for divorce and annulled the marriage, issuing a decree nisi to be made absolute after thirty days. No orders were made as to costs.

Court Disposition

Petition for divorce allowed; marriage annulled; decree nisi issued; no order as to costs.

Orders

  • The marriage solemnized between the petitioner and the respondent on 6th January 2006 at the Registrar’s office in Nairobi is hereby annulled.
  • Decree nisi is hereby issued dissolving the said marriage.