[2016] KEHC 6155 (KLR)

[2016] KEHC 6155 (KLR)

The High Court found that the trial court erred by failing to consider all the grounds for divorce pleaded by the appellant, namely cruelty, desertion, and adultery, and by not making a determination on the custody of the children. The respondent did not contest the petition or provide any evidence to rebut the...

Source-derived case information.

Citation
[2016] KEHC 6155 (KLR)
Parties
Appellant: J W M; Respondent: D K M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
24 March 2016
Case Number
Civil Appeal 3 of 2013
Procedural Posture
Civil Appeal / Judgment on First Appeal
Outcome
appeal allowed
Judges
DN Musyoka
Legal Topics
Divorce Petition, Custody of Children, Grounds for Divorce, Uncontested Petition
Source Language
english
Family and Children Divorce Petition Custody of Children Grounds for Divorce Uncontested Petition

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Summary, issues, holding and outcome

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Parties

J W M

Appellant

D K M

Respondent

Procedural Posture

Civil Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the trial court erred in dismissing the appellant's evidence and petition for divorce.
  2. 2 Whether the trial court failed to consider all grounds for divorce including cruelty, desertion, and adultery.
  3. 3 Whether the trial court erred in failing to make a determination on the custody of the children.

Ratio Decidendi

The High Court found that the trial court erred by failing to consider all the grounds for divorce pleaded by the appellant, namely cruelty, desertion, and adultery, and by not making a determination on the custody of the children. The respondent did not contest the petition or provide any evidence to rebut the appellant's claims. The appellant's evidence, including her detailed witness statement and the certificate of marriage, was uncontroverted. The High Court held that it would serve no useful purpose to compel parties to remain in a marriage that has irretrievably broken down, especially where the evidence of breakdown is not challenged. The appeal was allowed, the marriage...

Court Disposition

appeal allowed

Orders

  • The marriage solemnized between DK and J W on 8th February 1997 at St. Francis Xavier’s Church in Nairobi is hereby dissolved.
  • The appellant is granted custody of the children of the marriage.