[2004] KEHC 1327 (KLR)

[2004] KEHC 1327 (KLR)

The court found that the respondent deserted the petitioner in 1995 and has not returned for a period exceeding three years prior to the filing of the petition. The petitioner provided unchallenged evidence of desertion and demonstrated that there was no condonation or collusion. The petition was undefended, and the court was satisfied that the legal requirements for granting a decree of divorce on the ground of desertion had been met. Consequently, the court pronounced a decree nisi for three months, after which the divorce would become absolute, and ordered that each party bear their own costs.

Citation
[2004] KEHC 1327 (KLR)
Parties
Petitioner: F.K.M; Respondent: T.W.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 October 2004
Case Number
Divorce Cause 15 of 2004
Procedural Posture
Divorce Cause / Judgment
Outcome
Decree nisi of divorce granted for three months; petitioner to bear own costs.
Judges
FI Koome
Legal Topics
Divorce, Customary Marriage, Desertion, Matrimonial Property, Child Maintenance
Source Language
English
Family and Children Divorce Customary Marriage Desertion Matrimonial Property Child Maintenance

Case Brief

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Parties

F.K.M

Petitioner

T.W.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby entitling the petitioner to a decree of divorce.
  2. 2 Whether the petition was brought through collusion or condonation of the respondent's acts.
  3. 3 Whether the petitioner is entitled to bear his own costs given the undefended nature of the petition.

Ratio Decidendi

The court found that the respondent deserted the petitioner in 1995 and has not returned for a period exceeding three years prior to the filing of the petition. The petitioner provided unchallenged evidence of desertion and demonstrated that there was no condonation or collusion. The petition was undefended, and the court was satisfied that the legal requirements for granting a decree of divorce on the ground of desertion had been met. Consequently, the court pronounced a decree nisi for three months, after which the divorce would become absolute, and ordered that each party bear their own costs.

Court Disposition

Decree nisi of divorce granted for three months; petitioner to bear own costs.

Orders

  • Decree nisi of divorce to issue for a period of three months.
  • Petitioner to bear his own costs.