[2003] KEHC 523 (KLR)
The court found that the petitioner had sufficiently proved the ground of desertion by the respondent, as required by law for the dissolution of marriage. The evidence on record was deemed adequate, and the petition was undefended. Consequently, the court ordered the dissolution of the marriage, issuing a decree...
Source-derived case information.
- Citation
- [2003] KEHC 523 (KLR)
- Parties
- Applicant: G M C; Respondent: O N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 23 January 2003
- Case Number
- ? 196 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Marriage Dissolution, Desertion, Decree Nisi
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
G M C
Applicant
O N
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved the ground of desertion for dissolution of marriage.
Ratio Decidendi
The court found that the petitioner had sufficiently proved the ground of desertion by the respondent, as required by law for the dissolution of marriage. The evidence on record was deemed adequate, and the petition was undefended. Consequently, the court ordered the dissolution of the marriage, issuing a decree nisi to become absolute after six months, in accordance with statutory requirements.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved.
- A decree nisi to issue, not to be made absolute until after six months from today.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 196 OF 2001
G M C …………………………… PETITONER
VERSUS
O N ……………………….. RESPONDENT
JUDGMENT
From what has been brought to my attention during the hearing of this undefended petition, I am satisfied that the Petitioner has sufficiently proved his case against the Respondent on the ground of desertion. The relevant evidence in support of the petition is recorded in the case file.
Accordingly, the petition succeeds. The marriage between the Petitioner and the Respondent hereby ordered dissolved.
A decree nisi to issue, and the same not to be made absolute until after the expiration of six months from to-day.
As the Petitioner is not asking for costs of this petition, there will be no order as to costs.
Dated this 23rd Day of January 2003.
J.M. KHAMONI JUDGE