[2002] KEHC 297 (KLR)

The court found that the respondent deserted the petitioner for no just cause for more than three years immediately preceding the presentation of the divorce petition. The evidence of desertion was unchallenged as the respondent failed to respond or attend court. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met, and therefore granted the order for dissolution of marriage.

Citation: [2002] KEHC 297 (KLR)
Parties: Petitioner: K.M.G; Respondent: L.A.S
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Judgment Date: 25 July 2002
Case Number: Divorce Cause 59 of 2001
Procedural Posture: Divorce Cause / Judgment
Outcome: Petition allowed. Marriage dissolved.
Legal Topics: Divorce, Desertion, Matrimonial Offences
Source Language: English

Family and Children Divorce Desertion Matrimonial Offences

Case Brief

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Parties

K.M.G

Petitioner

L.A.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

Petition allowed. Marriage dissolved.

Orders

The marriage between the petitioner and respondent is dissolved.
A decree nisi to issue immediately and to be made absolute within one month from the date of judgment.