[2004] KEHC 372 (KLR)

[2004] KEHC 372 (KLR)

The court found that the respondent deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition. The evidence adduced by the petitioner was unchallenged, as the respondent did not file any answer and the petition was certified as undefended. The court was satisfied that the petition was not presented through collusion. Consequently, the court pronounced the marriage dissolved and ordered the issuance of a decree nisi for six months, with costs awarded to the petitioner.

Citation
[2004] KEHC 372 (KLR)
Parties
Applicant: JWM; Respondent: JIW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 April 2004
Case Number
Divorce Cause 23 of 2003
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
FI Koome
Legal Topics
Dissolution of Marriage, Desertion, Cruelty, Matrimonial Proceedings
Source Language
English
Family and Children Dissolution of Marriage Desertion Cruelty Matrimonial Proceedings

Case Brief

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Parties

JWM

Applicant

JIW

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for at least three years preceding the petition.
  2. 2 Whether the petitioner proved cruelty as a ground for dissolution of marriage.
  3. 3 Whether the petition was presented through collusion.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition. The evidence adduced by the petitioner was unchallenged, as the respondent did not file any answer and the petition was certified as undefended. The court was satisfied that the petition was not presented through collusion. Consequently, the court pronounced the marriage dissolved and ordered the issuance of a decree nisi for six months, with costs awarded to the petitioner.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage solemnized on 12th December 1998 is dissolved.
  • A decree nisi shall issue for a period of 6 months.