[2014] KEHC 5322 (KLR)
The court found that the applicant, being 26 years old and of sound mind, is legally competent to contract a marriage without parental consent. The respondent's objections, based solely on the age of the intended wife and lack of family approval, do not constitute valid legal grounds to bar the marriage. There was...
Source-derived case information.
- Citation
- [2014] KEHC 5322 (KLR)
- Parties
- Applicant: J M M; Respondent: N M M
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 15 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Remove Marriage Caveat
- Outcome
- notice of motion allowed; caveat removed; no order as to costs
- Judges
- JV Juma
- Legal Topics
- Marriage Caveats, Capacity to Marry, Parental Consent, Removal of Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M M
Applicant
N M M
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Remove Marriage Caveat
Legal Issues
- 1 Whether the caveat lodged by the respondent against the applicant's intended marriage has any legal basis.
- 2 Whether the applicant requires parental consent to contract a marriage as an adult.
Ratio Decidendi
The court found that the applicant, being 26 years old and of sound mind, is legally competent to contract a marriage without parental consent. The respondent's objections, based solely on the age of the intended wife and lack of family approval, do not constitute valid legal grounds to bar the marriage. There was no evidence of any legal incapacity or existing marriage that would prevent the applicant from marrying. Accordingly, the caveat had no legal basis and was ordered to be removed, allowing the applicant to proceed with his intended marriage.
Court Disposition
notice of motion allowed; caveat removed; no order as to costs
Orders
- The caveat lodged by the respondent against the applicant's intended marriage is removed.
- The applicant is authorized to proceed with his plans to marry.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPL. NO. 15 OF 2014
J M M…..............……..….APPLICANT
VERSUS
N M M……………..…RESPONDENT
RULING
Before court is the notice of motion dated 25th April, 2014 brought under certificate of urgency. The background to the matter is that the applicant J M M had planned and arranged to marry a certain lady known as M K. He filed a notice of marriage serial number [Particulars withheld] in the Registrar’s Office in Mombasa on 25th February, 2014. On 8th April, 2014 the father of the applicant N M M who is the respondent in this matter filed a caveat objecting to the marriage. The applicant has now come to court seeking that the caveat be removed to enable the marriage to proceed.
The court certified the matter as urgent and directed that vive voce evidence be tendered by both parties on 9th May, 2014. Counsel for the respondent now informs the court that his client does not wish to face his biological son in a court case and has opted not to testify in support of the caveat. He asked that the court make a ruling on the material before it.
I have looked at the reasons advanced by the respondent at the time of filing the caveat. He basically objects to his son’s marriage on the grounds that the intended wife is older and the family does not approve of her. However no legally persuasive reason as to why the marriage cannot proceed has been advanced.
It is conceded that the applicant is 26 years old. I have seen his baptism certificate which proves that he is well over 18 years old. As such the applicant is an adult and is entitled to make his own decision. He does not require parental consent to marry. There is no allegation that the applicant is married to any other woman. He does not lack legal capacity to marry. The objections of his father though well-intended cannot bar the applicant from charting his own course in life. I have found no legal basis for this caveat. I direct that the same be removed and the applicant is authorized to proceed with his plans to marry. I allow this notice of motion in terms of prayer (3) of the same. No order on costs.
Dated and delivered in Mombasa this 9th day of May, 2014.
M. ODERO
JUDGE
In the presence of:
Mr. Mwanyumba for Respondent
Mr. Mwawasi for Applicant
Court Clerk Mutisya