[2003] KEHC 142 (KLR)
The court found that the petitioner had proved the allegations of cruelty and denial of conjugal rights against the respondent. The evidence presented by the petitioner, which was unchallenged due to the respondent's failure to appear or defend, satisfied the court that the grounds for dissolution of marriage had...
Source-derived case information.
- Citation
- [2003] KEHC 142 (KLR)
- Parties
- Petitioner: Juma Mwasaru; Respondent: Agnes Wali Mwasaru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 33 of 1999
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Decree nisi granted to be made absolute after two months.
- Legal Topics
- Divorce, Cruelty, Conjugal Rights, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Juma Mwasaru
Petitioner
Agnes Wali Mwasaru
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage on account of cruelty and denial of conjugal rights.
- 2 Whether the marriage should be dissolved and a decree nisi issued.
Ratio Decidendi
The court found that the petitioner had proved the allegations of cruelty and denial of conjugal rights against the respondent. The evidence presented by the petitioner, which was unchallenged due to the respondent's failure to appear or defend, satisfied the court that the grounds for dissolution of marriage had been established. Consequently, the court granted a decree nisi to be made absolute after two months, thereby dissolving the marriage.
Court Disposition
Petition allowed. Decree nisi granted to be made absolute after two months.
Orders
- Decree nisi to be made absolute after expiration of two months from the date of judgment.
- Petitioner to pay costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
DIVORCE CAUSE NO. 33 OF 1999
JUMA MWASARU ..……………………………………….PETITIONER
VERSUS
AGNES WALI MWASARU……………………………..RESPONDENT
J U D G E M E N T
This is undefended petition. The Petitioner married Respondent on 12- 10-1974 under the African Christian Marriage Act.
One issue of marriage is now surviving namely Elisha Mchana Mwasaru born in 1977. There has been previous proceedings being HCC No. 26 of 1998 between the parties which were discontinued and no orders were made.
The Petitioner accuses the Respondent of cruelty, she is rude, nagging and disrespectful, abusive and intimidating. Has denied conjugal rights. The parties have not cohabited together since 1997. The parties are domiciled in Kenya. The petition was heard exparte as the Respondent failed to enter appearance or to file answer.
I have considered the petition with verifying affidavit and also the sworn evidence of Petitioner and I am satisfied that the petition is proved.
I declare decree Nisi to be made absolute after expiration of two months from today.
Petitioner shall pay our costs.
J. KHAMINWA JUDGE 22-7-2003 In presence of Mr. Kiarie. J. KHAMINWA JUDGE