[2021] KEHC 5003 (KLR)

[2021] KEHC 5003 (KLR)

The court found that the applicant and respondent were married in Kenya and subsequently domiciled in the United States for more than two years before their marriage was dissolved by a competent court in Tennessee. The court held that section 67 of the Marriage Act permits recognition of foreign matrimonial decrees without the need for reciprocity, provided the parties were domiciled in the foreign country and the foreign court had jurisdiction. There was no evidence to suggest the foreign court lacked jurisdiction. Therefore, the requirements for recognition of the foreign divorce decree were satisfied, and the application was merited.

Citation
[2021] KEHC 5003 (KLR)
Parties
Applicant: EM; Respondent: SM
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
21 July 2021
Case Number
Miscellaneous Civil Case E29 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Recognition of Foreign Divorce Decree
Outcome
application allowed
Judges
LM Njuguna
Legal Topics
Recognition of Foreign Divorce, Registration of Foreign Judgments, Marriage Dissolution
Source Language
English
Family and Children Recognition of Foreign Divorce Registration of Foreign Judgments Marriage Dissolution

Case Brief

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Parties

EM

Applicant

SM

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Recognition of Foreign Divorce Decree

Legal Issues

  1. 1 Whether the court should recognize and adopt a foreign divorce decree issued by the Circuit Court of Shelby, Tennessee, USA.
  2. 2 Whether the requirements under section 67 of the Marriage Act for recognition of foreign matrimonial decrees are satisfied.

Ratio Decidendi

The court found that the applicant and respondent were married in Kenya and subsequently domiciled in the United States for more than two years before their marriage was dissolved by a competent court in Tennessee. The court held that section 67 of the Marriage Act permits recognition of foreign matrimonial decrees without the need for reciprocity, provided the parties were domiciled in the foreign country and the foreign court had jurisdiction. There was no evidence to suggest the foreign court lacked jurisdiction. Therefore, the requirements for recognition of the foreign divorce decree were satisfied, and the application was merited.

Court Disposition

application allowed

Orders

  • The dissolution of marriage decree issued by the Circuit Court of Shelby, Tennessee, USA on 8.01.2013 is recognized and adopted by this court.
  • Costs of the application are awarded to the applicant.