[2008] KEHC 1393 (KLR)
The court found that the Petitioner’s evidence of cruelty and adultery by the 1st Respondent was uncontroverted, as neither Respondent attended the hearing or filed substantive responses. The 1st Respondent’s own pleadings admitted that the marriage had irretrievably broken down. The court held that the grounds for...
Source-derived case information.
- Citation
- [2008] KEHC 1393 (KLR)
- Parties
- Applicant: L.J.T; Respondent: H.K.T; Respondent: D.L
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 1 of 2004
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Cruelty, Adultery, Irretrievable Breakdown, Matrimonial Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
L.J.T
Applicant
H.K.T
Respondent
D.L
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the 1st Respondent was guilty of cruelty towards the Petitioner.
- 2 Whether the 1st Respondent committed adultery with the 2nd Respondent.
- 3 Whether the marriage between the Petitioner and the 1st Respondent has irretrievably broken down.
Ratio Decidendi
The court found that the Petitioner’s evidence of cruelty and adultery by the 1st Respondent was uncontroverted, as neither Respondent attended the hearing or filed substantive responses. The 1st Respondent’s own pleadings admitted that the marriage had irretrievably broken down. The court held that the grounds for dissolution of marriage—cruelty, adultery, and irretrievable breakdown—had been established. Consequently, the marriage between the Petitioner and the 1st Respondent was dissolved, and the 1st Respondent was condemned to pay costs.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the Petitioner and the 1st Respondent is dissolved.
- The 1st Respondent is condemned to pay costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Divorce Cause 1 of 2004
L.J.T..................................PETITIONER
VERSUS
H.K.T..............................RESPONDENT
D.L...........................CO-RESPONDENT
JUDGEMENT
The Petitioner filed the Petition dated 22nd March 2004 on 3rd April, 2008. It is based on the grounds of cruelty of the 1st Respondent to the Petitioner and the adultery of the 1st Respondent with the 2nd Respondent. The petitioner and the 1st Respondent married on 7th December, 1996 and thereafter cohabited in Nandi District. That is in the Petition and in the oral evidence of the Petitioner. There are no issues of the said marriage
The 1st Respondent filed what is headed as a Draft Answer to the petition and cross-petition in which he alleged desertion on the part of the Petitioner since 1999 and that the two have lived apart since then.
The 2nd Respondent filed nothing and like the 1st Respondent did not attend the hearing of the petition although served.
At the hearing the Petitioner testified that the 1st Respondent beat her on several occasions and brought the 2nd Respondent to the matrimonial home and slept with her on the matrimonial bed while the petitioner slept on a cough in the sitting room. It was the Petitioner’s further evidence that the 1st Respondent has since the petitioner left the matrimonial home taken the 2nd Respondent and they cohabit together as a result of which two children, one called C, have been borne to both the 1st and 2nd Respondents. As earlier stated none of the Respondents attended court and so the Petitioner’s evidence will stand uncontraverted. It was the Petitioner’s evidence that the 1st Respondent does not want her and she therefore prays for the dissolution of the marriage between her and the 1st Respondent. In his draft answer and cross-petition the 1st Respondent on his part pleads that the marriage has irretrievably broken down and it is no longer possible for the two to live together again.
Upon considering the petition, the draft answer and cross-Petition and the evidence of the Petitioner, I find that the marriage has indeed irretrievably broken down and I do hereby dissolve the same and do condemn the 1st Respondent to costs.
DATED AND DELIVERED AT ELDORET THIS 24TH DAY OF SEPTEMBER, 2008
P.M.MWILU
JUDGE
IN THE PRESENCE OF:-
Mr. Koros Advocate for the Petitioner.