[2015] KEHC 7185 (KLR)
The court found that the three-year statutory period since the solemnization of the marriage had already elapsed by the time of ruling. As a result, the applicant was now entitled by law to petition for divorce without the need for leave of the court. The passage of time rendered the application for leave and the...
Source-derived case information.
- Citation
- [2015] KEHC 7185 (KLR)
- Parties
- Applicant: G V D F; Respondent: R N W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 58 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application rendered superfluous by effluxion of time; no order issued.
- Judges
- D Schofield
- Legal Topics
- Leave to File Divorce Petition, Dissolution of Marriage, Waiting Period for Divorce
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G V D F
Applicant
R N W
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted leave to file a divorce petition before the statutory three-year period since marriage has elapsed.
Ratio Decidendi
The court found that the three-year statutory period since the solemnization of the marriage had already elapsed by the time of ruling. As a result, the applicant was now entitled by law to petition for divorce without the need for leave of the court. The passage of time rendered the application for leave and the court's ruling on it unnecessary and superfluous.
Court Disposition
Application rendered superfluous by effluxion of time; no order issued.
Orders
- No order issued as the statutory period for filing a divorce petition had already elapsed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 58 OF 2012
G V D F………….………………………………APPLICANT
R N W……………………….………………RESPONDENT
RULING
Regrettably, the court file relating to this miscellaneous application was misplaced and as a result, this ruling could not be delivered as scheduled.
The applicant sought in his originating summons dated 2nd May 2012 for an order to file a petition in the divorce registry at Nairobi for dissolution of his marriage to R N W which was solemnized on July 28th, 2011 notwithstanding that the period of three years had not elapsed since the date of solemnization of the said marriage.
The period of three (3) years has now elapsed since the marriage was solemnized and the applicant is entitled in law to petition for divorce without leave of the court. This makes leave unnecessary.
The effluxion of time has also rendered the ruling superfluous.
G.B.M. KARIUKI, SC
JUDGE
Delivered at Milimani Law Courts, Nairobi, on this 6thday of February 2015 by the Honourable Justice W. Musyoka on behalf of Justice G.B.M. Kariuki.
JUDGE
COUNSEL APPEARING
Mr. Wycliffe advocate, of M/s Kitheka & Co. Advocates for the applicant No appearance for the respondent
Court clerk – Mr. Wahinya Kugwa