[2020] KEHC 10079 (KLR)

[2020] KEHC 10079 (KLR)

The court found that both parties had lived apart since 2005 and had not related intimately since then, demonstrating that the marriage had irretrievably broken down. Both the petition and cross-petition were allowed on this basis, as the evidence showed the marriage was beyond repair. The court accepted the parties' testimonies and dissolved the marriage, issuing a decree nisi and decree absolute immediately. Each party was ordered to bear their own costs.

Citation
[2020] KEHC 10079 (KLR)
Parties
Petitioner: DO; Respondent: MNO
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 September 2020
Case Number
Divorce Cause 54 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition and cross-petition allowed; marriage dissolved
Judges
AO Muchelule
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Adultery, Custody and Children, Matrimonial Proceedings
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Adultery Custody and Children Matrimonial Proceedings

Case Brief

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Parties

DO

Petitioner

MNO

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 grounds of cruelty and adultery have been established for dissolution of marriage.

Ratio Decidendi

The court found that both parties had lived apart since 2005 and had not related intimately since then, demonstrating that the marriage had irretrievably broken down. Both the petition and cross-petition were allowed on this basis, as the evidence showed the marriage was beyond repair. The court accepted the parties' testimonies and dissolved the marriage, issuing a decree nisi and decree absolute immediately. Each party was ordered to bear their own costs.

Court Disposition

petition and cross-petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is hereby dissolved.
  • Decree nisi and decree absolute shall issue immediately.