[2019] KEHC 3641 (KLR)

[2019] KEHC 3641 (KLR)

The court found that both parties had lived apart for ten years and that irreconcilable differences existed, with each party accusing the other of desertion and cruelty. Both parties sought dissolution and confirmed no collusion or condonation of matrimonial offences. The court held that the marriage had...

Source-derived case information.

Citation
[2019] KEHC 3641 (KLR)
Parties
Petitioner: JLM; Respondent: ELM
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 October 2019
Case Number
Divorce Cause 27 & 102 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; decree nisi issued; no order as to costs.
Legal Topics
Divorce, Matrimonial Offences, Irretrievable Breakdown, Desertion, Cruelty, Adultery
Source Language
english
Family and Children Divorce Matrimonial Offences Irretrievable Breakdown Desertion Cruelty Adultery

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Parties

JLM

Petitioner

ELM

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 acts of desertion and cruelty have been proved by either party.
  3. 3 Whether the marriage should be dissolved on the grounds presented.

Ratio Decidendi

The court found that both parties had lived apart for ten years and that irreconcilable differences existed, with each party accusing the other of desertion and cruelty. Both parties sought dissolution and confirmed no collusion or condonation of matrimonial offences. The court held that the marriage had irretrievably broken down, as evidenced by the prolonged separation and mutual desire for dissolution. The court was satisfied that the grounds for divorce had been established on a balance of probabilities and that the marriage existed only on paper, warranting its dissolution.

Court Disposition

Marriage dissolved; decree nisi issued; no order as to costs.

Orders

  • The marriage celebrated between the Petitioner and the Respondent on 2nd November, 1990 at the Registrar’s Office in Iten, Elgeyo Marakwet is hereby dissolved.
  • A Decree Nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this Judgment.