[2008] KEHC 2082 (KLR)

[2008] KEHC 2082 (KLR)

The court found, on a balance of probability, that the Respondent had abandoned the Petitioner and their two children for almost three years and failed to provide for their needs. The Petitioner had single-handedly cared for the children during this period. The court concluded that the marriage had irretrievably broken down and granted the Petitioner the prayers sought for dissolution of the marriage and custody of the children, as per the Amended Petition. No order as to costs was made.

Citation
[2008] KEHC 2082 (KLR)
Parties
Petitioner: L.I.M; Respondent: D.W.G
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
28 July 2008
Case Number
Divorce Cause 5 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of children granted to Petitioner. No order as to costs.
Legal Topics
Divorce, Child Custody, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Child Custody Matrimonial Breakdown

Case Brief

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Parties

L.I.M

Petitioner

D.W.G

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 custody of the two children.

Ratio Decidendi

The court found, on a balance of probability, that the Respondent had abandoned the Petitioner and their two children for almost three years and failed to provide for their needs. The Petitioner had single-handedly cared for the children during this period. The court concluded that the marriage had irretrievably broken down and granted the Petitioner the prayers sought for dissolution of the marriage and custody of the children, as per the Amended Petition. No order as to costs was made.

Court Disposition

Petition allowed. Marriage dissolved. Custody of children granted to Petitioner. No order as to costs.

Orders

  • The marriage between the Petitioner and Respondent is hereby dissolved.
  • Custody of the two children is granted to the Petitioner.