[2002] KEHC 313 (KLR)

[2002] KEHC 313 (KLR)

The court found that the petitioner had provided credible and unchallenged evidence that the respondent deserted her without just cause for a period of 27 years. The respondent failed to respond to the petition despite being served. The court held that there was no reason for the petitioner to remain in a marriage that existed only in name, and that the legal requirements for dissolution on the ground of desertion had been met. Accordingly, the marriage was dissolved and a decree nisi issued.

Citation
[2002] KEHC 313 (KLR)
Parties
Petitioner: K.J.S; Respondent: J.A.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 January 2002
Case Number
? 172 of ??
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Relief
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Relief

Case Brief

Summary, issues, holding and outcome

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Parties

K.J.S

Petitioner

J.A.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without just cause for a continuous period of at least three years.
  2. 2 Whether the petitioner is entitled to a decree of dissolution of marriage on the ground of desertion.

Ratio Decidendi

The court found that the petitioner had provided credible and unchallenged evidence that the respondent deserted her without just cause for a period of 27 years. The respondent failed to respond to the petition despite being served. The court held that there was no reason for the petitioner to remain in a marriage that existed only in name, and that the legal requirements for dissolution on the ground of desertion had been met. Accordingly, the marriage was dissolved and a decree nisi issued.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • Decree nisi to issue immediately.