[2004] KEHC 1710 (KLR)
The court found that the petitioner had established, on unchallenged evidence, that the respondent was guilty of cruelty and adultery, and that the petitioner had neither condoned nor been accessory to these acts. The parties had been separated for approximately seven years, and there was no evidence of collusion....
Source-derived case information.
- Citation
- [2004] KEHC 1710 (KLR)
- Parties
- Petitioner: Jane Ombati; Respondent: Kennedy Onwonga Juma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 157 of 2003
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved. Decree nisi pronounced to be made absolute after three months. Petitioner awarded costs.
- Legal Topics
- Dissolution of Marriage, Cruelty, Adultery, Separation Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Ombati
Petitioner
Kennedy Onwonga Juma
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage based on cruelty and adultery.
- 2 Whether the petitioner has condoned or been accessory to the alleged acts of cruelty and adultery.
- 3 Whether the petition was brought through collusion.
Ratio Decidendi
The court found that the petitioner had established, on unchallenged evidence, that the respondent was guilty of cruelty and adultery, and that the petitioner had neither condoned nor been accessory to these acts. The parties had been separated for approximately seven years, and there was no evidence of collusion. The court was satisfied that the grounds for dissolution of marriage had been met under the law, and accordingly ordered the dissolution of the marriage by pronouncing a decree nisi, to be made absolute after three months. The petitioner was also awarded costs of the litigation.
Court Disposition
Petition allowed. Marriage dissolved. Decree nisi pronounced to be made absolute after three months. Petitioner awarded costs.
Orders
- The marriage solemnized on 20th September 1993 between the petitioner and respondent is dissolved.
- A decree nisi is pronounced, to be made absolute after three months.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIDIVORCE CAUSE NO. 157 OF 2003
JANE OMBATI……………………………………………………………PETITIONER VERSUS KENNEDY ONWONGA JUMA………………………………………RESPONDENT
JUDGMENT
The petitioner in this divorce petition Jane Ombati has petitioned for an order of dissolution of the marriage solemnized on 20th September 1993 between her and the respondent at the Registrar’s Office in Kisii. Upon marriage, the parties cohabited together as husband and wife in Nyaribari Masaba and subsequently moved to Nairobi where they lived up to February 1996 when they separated. The marriage was not blessed with any issue. This petition was certified as undefended cause on 19th February 2004.
During the hearing the petitioner gave evidence in support of the petition and reiterated the particulars of cruelty and adultery contained in the petition. I have given due consideration to the evidence of the petitioner that was not at all challenged. Based on her evidence, I am satisfied that the petitioner has not condoned in any manner nor has she been accessory to the acts of cruelty and adultery. The parties have been separated since February 1996 for a period of about 7 years. I am also satisfied that this petition was not brought through collusion. Accordingly I shall dissolve the marriage solemnized on 20th September 1993 and pronounce the decree nisii which shall be made absolute after 3 months. The petitioner is also awarded costs of this litigation. It is so ordered. Judgment read and signed on 30th July 2004
MARTHA KOOME JUDGE