[2016] KEHC 5270 (KLR)
The court found, based on the evidence adduced by both parties, that the marriage between the petitioner and the 1st respondent had irretrievably broken down, as they had been separated for four years and there was no possibility of reconciliation. The court was satisfied that there was no collusion or connivance in...
Source-derived case information.
- Citation
- [2016] KEHC 5270 (KLR)
- Parties
- Applicant: E W W; Respondent: P M W; Respondent: G C
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 131 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Marriage dissolved on grounds of irretrievable breakdown.
- Judges
- REA Ougo
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Customary Marriage, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E W W
Applicant
P M W
Respondent
G C
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and the 1st respondent has irretrievably broken down.
- 2 Whether there has been collusion or connivance in filing the petition.
- 3 Whether the marriage should be dissolved.
Ratio Decidendi
The court found, based on the evidence adduced by both parties, that the marriage between the petitioner and the 1st respondent had irretrievably broken down, as they had been separated for four years and there was no possibility of reconciliation. The court was satisfied that there was no collusion or connivance in the filing of the petition. Accordingly, the court dissolved the marriage celebrated on 5th March 1978 on the grounds of irretrievable breakdown, issued a decree nisi to be made absolute within 30 days, and ordered each party to bear its own costs.
Court Disposition
Marriage dissolved on grounds of irretrievable breakdown.
Orders
- The marriage celebrated on 5th March 1978 between the petitioner and the 1st respondent is dissolved.
- A decree nisi is issued and to be made absolute within 30 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 131 OF 2012
E W W ……..…………….………………….PETITIONER
VERSUS
P M W..……………………….…….….1ST RESPONDENT
G C………………………………..……2ND RESPONDENT
JUDGMENT
In the year 1977 the petitioner, then a spinster and 1st Respondent then a bachelor were married under Kikuyu Customary Law and thereafter formalized their union on 5th March 1978 under the Marriage Act Cap 150 Laws of Kenya. After the said marriage the petitioner lived and cohabited with the 1st respondent as husband and wife in Nairobi. That the marriage between the petitioner and the 1st respondent has been blessed with four (4) issues, namely: A W K , J W K W, T T W and P K W.
It is deponed that the marriage between the petitioner and the 1st respondent has broken down irretrievably . That the petitioner has not in any way been accessory to or connived at the said cruelty, adultery and desertion. That the petition is no presented or prosecuted in collusion with the 1st respondent and/or co-respondent. That the said marriage between the petitioner and the 1st respondent may be dissolved.
1st Respondent in his answer to petition avers that the 1st respondent admits that the marriage between the petitioner and himself has irretrievably broken down with no chances of reconciliation. That the marriage between the petitioner and the 1st respondent be dissolved.
The petitioner and the respondent testified that they got married in 1977 by Kikuyu Customary Law and then in 1978 they formalized their marriage in church. That they do not live together as the marriage has irretrievably broken down.That they have been separated for four years since 2012 and there is no possibility of reconciliation.
From the evidence adduced it is evident that the marriage between the Petitioner and the Respondent has irretrievably broken down. They have been apart for the last four years with no possibility of reconciliation. I am persuaded that they have not colluded or connived to file the petition. Their marriage is no more and this court dissolves the marriage celebrated on the 5th of March 1978 between the petitioner and the 1st respondent on grounds that their marriage has irretrievably broken down. A decree nisito issued and to be made absolute within 30 days. Each party to bear its own costs. It is so ordered.
Signed, dated and delivered this 27thDay of April 2016.
R. E OUGO
JUDGE
In the presence of:
………………………………………………………..…..…….Applicant
………………………………………………………………1st Respondent
……………………………………………………………..2nd Respondent
Charity Court Clerk