[2004] KEHC 676 (KLR)

[2004] KEHC 676 (KLR)

The court found that the respondent's evidence of cruelty and desertion was unchallenged and credible. The petitioner deserted the respondent immediately after the birth of their child, causing emotional pain and hardship. The court was satisfied that the respondent had proved her case to the required standard and that the marriage had irretrievably broken down. There was no evidence that the respondent had been accessory to, connived at, or condoned the cruelty and desertion. Accordingly, the court granted a decree of divorce, dissolving the marriage solemnized on 26th June 1999.

Citation
[2004] KEHC 676 (KLR)
Parties
Petitioner: EWM; Respondent: WWH
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 September 2004
Case Number
Divorce Cause 12 of 2004
Procedural Posture
Divorce Cause / Judgment
Outcome
decree of divorce granted; marriage dissolved
Judges
FI Koome
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown, Custody of Child
Source Language
English
Family and Children Divorce Cruelty Desertion Irretrievable Breakdown Custody of Child

Case Brief

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Parties

EWM

Petitioner

WWH

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent proved cruelty and desertion by the petitioner to the required standard.
  2. 2 Whether the marriage had irretrievably broken down with no prospects of reconciliation.
  3. 3 Whether the respondent was entitled to a decree of divorce.

Ratio Decidendi

The court found that the respondent's evidence of cruelty and desertion was unchallenged and credible. The petitioner deserted the respondent immediately after the birth of their child, causing emotional pain and hardship. The court was satisfied that the respondent had proved her case to the required standard and that the marriage had irretrievably broken down. There was no evidence that the respondent had been accessory to, connived at, or condoned the cruelty and desertion. Accordingly, the court granted a decree of divorce, dissolving the marriage solemnized on 26th June 1999.

Court Disposition

decree of divorce granted; marriage dissolved

Orders

  • A decree nisi for dissolution of marriage to issue for three months.
  • Costs of the cross-petition awarded to the respondent.