[2020] KEHC 9194 (KLR)

[2020] KEHC 9194 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the marriage between the parties had irretrievably broken down, as evidenced by the parties living apart for more than three years and the absence of any challenge or answer from the Respondent. The court was satisfied that there was no hope of salvaging the marriage and that the statutory grounds for dissolution had been met. Accordingly, the court granted the orders sought by the Petitioner, dissolving the marriage and awarding costs to the Petitioner.

Citation
[2020] KEHC 9194 (KLR)
Parties
Petitioner: KML; Respondent: JSN
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 January 2020
Case Number
Divorce Cause 2 of 2019
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed
Judges
A Ali-Aroni
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Undefended Petition
Source Language
English
Family and Children Dissolution of Marriage Irretrievable Breakdown Undefended Petition

Case Brief

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Parties

KML

Petitioner

JSN

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  2. 2 Whether the Petitioner is entitled to a decree of dissolution of marriage and costs.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the marriage between the parties had irretrievably broken down, as evidenced by the parties living apart for more than three years and the absence of any challenge or answer from the Respondent. The court was satisfied that there was no hope of salvaging the marriage and that the statutory grounds for dissolution had been met. Accordingly, the court granted the orders sought by the Petitioner, dissolving the marriage and awarding costs to the Petitioner.

Court Disposition

petition allowed

Orders

  • The marriage contracted by KML and JSN on 22nd August 2015 is dissolved.
  • Decree Nisi to be made absolute within 30 days.