[2015] KEHC 6768 (KLR)
The court found that the application dated 2nd August 2012 was properly served on the respondent, as evidenced by affidavits of service. The respondent failed to file any response or attend the hearing, rendering the application unopposed. The court was satisfied that the requirements of service and notice were met...
Source-derived case information.
- Citation
- [2015] KEHC 6768 (KLR)
- Parties
- Applicant: J K G; Respondent: I N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 77 of 2007
- Procedural Posture
- Divorce Cause / Ruling on Application
- Outcome
- Application granted as unopposed.
- Judges
- DN Musyoka
- Legal Topics
- Divorce Proceedings, Service of Process, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K G
Applicant
I N
Respondent
Procedural Posture
Divorce Cause / Ruling on Application
Legal Issues
- 1 Whether the application dated 2nd August 2012 should be granted as unopposed.
- 2 Whether proper service of the application and hearing notice was effected on the respondent.
Ratio Decidendi
The court found that the application dated 2nd August 2012 was properly served on the respondent, as evidenced by affidavits of service. The respondent failed to file any response or attend the hearing, rendering the application unopposed. The court was satisfied that the requirements of service and notice were met and, in the absence of opposition, granted the application in terms of prayers (c), (d), and (e). No order as to costs was made.
Court Disposition
Application granted as unopposed.
Orders
- Application dated 2nd August 2012 granted in terms of prayers (c), (d), and (e).
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO: 77 OF 2007
J K G……………….…..PETITIONER
VERSUS
I N…………..…..........RESPONDENT
RULING
The orders sought in prayer (a) and (b) of the application dated 2nd August 2012 were allowed on 7th February 2013. It was directed then that prayers (c) and (d) be canvassed on a date to be granted at the registry.
The matter came up for hearing on 25th September 2014 of the application of 2nd August 2012. There is an affidavit of service indicating that notice of the hearing had been served on the respondent on 30th July 2014. The respondent did not attend court on the appointed date. I reserved the matter thereafter for ruling.
I have perused the court file and noted that the application dated 2nd August 2012 had been served on the respondent on 23rd January 2013. There is an affidavit of service to that effect sworn on 5th February 2013. She did not file a reply to the application. As it is the application is unopposed.
I do hereby grant the application dated 2nd August 2012 in terms of prayers (c), (d) and (e). There shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF January 2015.
W. MUSYOKA
JUDGE