[2002] KEHC 319 (KLR)

[2002] KEHC 319 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the first respondent deserted the matrimonial home without lawful cause and committed adultery with the second respondent. The respondents, having been duly served and failing to respond, were deemed to have admitted the petitioner's...

Source-derived case information.

Citation
[2002] KEHC 319 (KLR)
Parties
Applicant: G.M.M; Respondent: S.M.M; Respondent: E.W.M
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
11 December 2002
Case Number
Divorce Cause 1 of ??
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Adultery, Desertion, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Adultery Desertion Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

G.M.M

Applicant

S.M.M

Respondent

E.W.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved grounds for dissolution of marriage under Kenyan law.
  2. 2 Whether the respondents committed adultery and/or deserted the petitioner.
  3. 3 Whether the petitioner is entitled to costs and maintenance.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the first respondent deserted the matrimonial home without lawful cause and committed adultery with the second respondent. The respondents, having been duly served and failing to respond, were deemed to have admitted the petitioner's allegations. The court held that the marriage had irretrievably broken down and could not be mended. Consequently, the petitioner was entitled to a decree of dissolution of marriage. The court also noted that the petitioner did not seek maintenance but was entitled to costs. The orders were made accordingly, including the issuance of a Decree Nisi and liberty to apply.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the petitioner and the first respondent on 9th October, 1982 is dissolved.
  • Decree Nisi to issue within six months from the date of judgment or earlier upon application by the petitioner.