[2017] KEHC 8442 (KLR)
The court held that the death of the respondent on 16th December 2016 resulted in the automatic termination of the marriage, rendering the divorce cause moot. As a result, the proceedings abated and there was nothing left for the court to dissolve. The file was ordered closed with no order as to costs.
Source-derived case information.
- Citation
- [2017] KEHC 8442 (KLR)
- Parties
- Applicant: FKN; Respondent: DNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 86 of 2015
- Procedural Posture
- Divorce Petition / Ruling on Abatement Due to Death of Respondent
- Outcome
- Cause abated due to death of respondent; file closed.
- Judges
- DN Musyoka
- Legal Topics
- Dissolution of Marriage, Abatement of Suit, Effect of Death on Divorce Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FKN
Applicant
DNK
Respondent
Procedural Posture
Divorce Petition / Ruling on Abatement Due to Death of Respondent
Legal Issues
- 1 Does the death of a party to a divorce cause abate the proceedings and terminate the marriage automatically?
- 2 Is there any order for costs upon abatement of a divorce cause due to death?
Ratio Decidendi
The court held that the death of the respondent on 16th December 2016 resulted in the automatic termination of the marriage, rendering the divorce cause moot. As a result, the proceedings abated and there was nothing left for the court to dissolve. The file was ordered closed with no order as to costs.
Court Disposition
Cause abated due to death of respondent; file closed.
Orders
- The divorce cause abated on 16th December 2016 upon the respondent's death.
- The marriage between the parties came to an end by operation of law.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE NO. 86 OF 2015
FKN………………….…….………………….…................….PETITIONER
VERSUS
DNK………………….……………………...........................RESPONDENT
RULING
1. The parties to this divorce cause testified on 1st December 2016. The matter was then fixed for mention on 2nd February 2017 to confirm filing of submissions.
2. When the matter came up on 2nd February 2017, counsel for the respondent indicated that the respondent had died, and furnished to the court a duplicate a burial permit serial number [particulars withheld] dated 16th December 2016. According to the said document a DNK had died on 16th December 2016.
3. A marriage subsists during the lifetime of the parties, and is terminated automatically upon death. Once one of the parties dies the marriage is no more and there is therefore nothing for the court to dissolve. Death therefore results in the abatement of a divorce cause.
4. Consequently, the cause herein abated on 16th December 2016 when the respondent died. The marriage between him and the petitioner herein came to an end. This matter is at an end. The file should be closed. There shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 10TH DAY OF FEBRUARY, 2017.
W. MUSYOKA
JUDGE