[2009] KEHC 2269 (KLR)

[2009] KEHC 2269 (KLR)

The court found that the evidence presented by the petitioner, which was largely uncontroverted, established that the marriage had irretrievably broken down due to the respondent's continual absence and lack of cohabitation. The court was satisfied that there was no collusion or condonation by the petitioner. Given the circumstances, including the long separation and absence of any substantive response from the respondent, the court determined that the marriage could not be sustained and that a decree of dissolution was warranted.

Citation
[2009] KEHC 2269 (KLR)
Parties
Petitioner: G.P.H; Respondent: A.T.A
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 June 2009
Case Number
Divorce Cause 56 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; decree nisi granted for dissolution of marriage
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Non Cohabitation, Mental Anxiety
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Non Cohabitation Mental Anxiety

Case Brief

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Parties

G.P.H

Petitioner

A.T.A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner is entitled to a decree of dissolution of marriage under the Marriage Act.
  3. 3 Whether there was collusion or condonation by the petitioner.

Ratio Decidendi

The court found that the evidence presented by the petitioner, which was largely uncontroverted, established that the marriage had irretrievably broken down due to the respondent's continual absence and lack of cohabitation. The court was satisfied that there was no collusion or condonation by the petitioner. Given the circumstances, including the long separation and absence of any substantive response from the respondent, the court determined that the marriage could not be sustained and that a decree of dissolution was warranted.

Court Disposition

petition allowed; decree nisi granted for dissolution of marriage

Orders

  • Decree nisi of dissolution of marriage granted, to be made absolute within 120 days from the date hereof.
  • No order as to costs.