[2008] KEHC 2019 (KLR)

[2008] KEHC 2019 (KLR)

The court found that the petitioner and respondent were lawfully married and that the respondent deserted the matrimonial home in December 1997 without cause, notice, or the petitioner's involvement. The evidence of desertion was uncontroverted, as the respondent did not attend the hearing or challenge the petitioner's testimony. The petitioner filed for divorce nearly nine years after the respondent's disappearance, satisfying the statutory requirement of at least three years of desertion. The court was satisfied that the petitioner did not condone, connive, or collude in the respondent's actions, and that the petition was not prosecuted in collusion. The respondent's claims regarding...

Citation
[2008] KEHC 2019 (KLR)
Parties
Applicant: L.N.G.; Respondent: S.M.M.
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
30 June 2008
Case Number
Divorce Cause 1 of 2020
Procedural Posture
Divorce Cause / Final Judgment
Outcome
petition allowed; marriage dissolved
Judges
MSA Makhandia, MM Kasango
Legal Topics
Divorce, Desertion, Matrimonial Causes Act, Dissolution of Marriage
Source Language
English
Family and Children Divorce Desertion Matrimonial Causes Act Dissolution of Marriage

Case Brief

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Parties

L.N.G.

Applicant

S.M.M.

Respondent

Procedural Posture

Divorce Cause / Final Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for a period of at least three years immediately preceding the petition.
  2. 2 Whether the petitioner is entitled to a decree of divorce on the ground of desertion under the Matrimonial Causes Act.

Ratio Decidendi

The court found that the petitioner and respondent were lawfully married and that the respondent deserted the matrimonial home in December 1997 without cause, notice, or the petitioner's involvement. The evidence of desertion was uncontroverted, as the respondent did not attend the hearing or challenge the petitioner's testimony. The petitioner filed for divorce nearly nine years after the respondent's disappearance, satisfying the statutory requirement of at least three years of desertion. The court was satisfied that the petitioner did not condone, connive, or collude in the respondent's actions, and that the petition was not prosecuted in collusion. The respondent's claims regarding...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi shall issue forthwith to the petitioner to be made absolute within the stipulated period.