[2010] KEHC 1743 (KLR)

[2010] KEHC 1743 (KLR)

The court found that both parties agreed the marriage had broken down beyond repair, with each party making serious allegations against the other but neither providing conclusive evidence beyond their own testimony. The court observed that the parties were anxious to end a disappointing marriage and that...

Source-derived case information.

Citation
[2010] KEHC 1743 (KLR)
Parties
Applicant: K.J. D; Respondent: D.K.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
2 July 2010
Case Number
Divorce Cause 24 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Marriage dissolved; custody and maintenance orders issued; each party to bear own costs.
Judges
JB Ojwang
Legal Topics
Divorce, Child Custody, Maintenance Orders, Matrimonial Property, Adultery, Cruelty
Source Language
english
Family and Children Divorce Child Custody Maintenance Orders Matrimonial Property Adultery Cruelty

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Summary, issues, holding and outcome

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Parties

K.J. D

Applicant

D.K.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.
  2. 2 Who should be granted custody of the child of the marriage, N.O.J.
  3. 3 Whether the petitioner should be ordered to pay maintenance and educational expenses for the child.

Ratio Decidendi

The court found that both parties agreed the marriage had broken down beyond repair, with each party making serious allegations against the other but neither providing conclusive evidence beyond their own testimony. The court observed that the parties were anxious to end a disappointing marriage and that reconciliation was not possible. Given the mutual desire for dissolution and the irretrievable breakdown of the marriage, the court granted a decree nisi of divorce. Regarding the child, the court noted the petitioner was not contesting custody and was already paying school fees, while the respondent was best placed to provide day-to-day care. The court therefore granted custody to the...

Court Disposition

Marriage dissolved; custody and maintenance orders issued; each party to bear own costs.

Orders

  • The marriage solemnized between the parties on 28th April 2005 is dissolved and a decree nisi of divorce granted, to be made absolute upon application.
  • Custody of the child N.O.J is granted to the respondent, with unlimited access to the petitioner.