[2015] KEHC 6277 (KLR)

[2015] KEHC 6277 (KLR)

The court found that the marriage between the petitioner and respondent had irretrievably broken down. The petitioner’s testimony, which was not challenged by any evidence from the respondent, established that the parties could no longer cohabit as husband and wife. The court was satisfied that there was no...

Source-derived case information.

Citation
[2015] KEHC 6277 (KLR)
Parties
Applicant: E A M; Respondent: P O A
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
6 March 2015
Case Number
Divorce Cause 116 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Cruelty, Desertion
Source Language
english
Family and Children Dissolution of Marriage Irretrievable Breakdown Cruelty Desertion

Source-derived case record

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

E A M

Applicant

P O 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 has established grounds for dissolution of marriage under the law.
  3. 3 Whether there was collusion between the parties in bringing the proceedings.

Ratio Decidendi

The court found that the marriage between the petitioner and respondent had irretrievably broken down. The petitioner’s testimony, which was not challenged by any evidence from the respondent, established that the parties could no longer cohabit as husband and wife. The court was satisfied that there was no collusion between the parties in bringing the proceedings. Consequently, the court held that the legal threshold for dissolution of marriage had been met and granted the orders sought by the petitioner.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 6th June 2001 is hereby dissolved.
  • Decree nisi shall issue forthwith and shall be made absolute after thirty (30) days.