[2008] KEHC 2934 (KLR)
The court found that the petitioner had provided credible, uncontroverted evidence of adultery by the respondent from the inception of the marriage. The petitioner neither condoned the acts nor was accessory to them, and there was no evidence of collusion. The court accepted the petitioner's testimony, observed her...
Source-derived case information.
- Citation
- [2008] KEHC 2934 (KLR)
- Parties
- Petitioner: L.N.K; Respondent: G.O.O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 67 of 2007
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Dissolution of Marriage, Adultery, Cruelty, Uncontested Divorce
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.N.K
Petitioner
G.O.O
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage based on adultery and cruelty.
- 2 Whether the petitioner has condoned or been accessory to the acts complained of.
- 3 Whether the petition was prosecuted in collusion with the respondent.
Ratio Decidendi
The court found that the petitioner had provided credible, uncontroverted evidence of adultery by the respondent from the inception of the marriage. The petitioner neither condoned the acts nor was accessory to them, and there was no evidence of collusion. The court accepted the petitioner's testimony, observed her demeanor, and concluded that the grounds for dissolution of marriage had been established. Accordingly, the court granted the prayer for dissolution of the marriage on the ground of adultery and directed that the decree nisi be made absolute within 90 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage celebrated between the parties is dissolved on the ground of adultery by the respondent.
- Decree nisi to be made absolute within 90 days from the date hereof.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Divorce Cause 67 of 2007
L.N.K………………………….PETITIONER
VERSUS
G.O.O…………......…………...RESPONDENT
JUDGMENT
The petition has been duly certified as an undefended cause by the learned Deputy Registrar.
The petitioner gave evidence which was uncontroverted and straight forth.
She proved that the parties celebrated marriage on 2nd September, 2003 which started with unfortunate incident of adultery of which the petitioner became a witness.
Despite the incident, the Respondent did not improve and continued the immoral acts of adultery which resulted in grave humiliation to the petitioner.
The petitioner has averred that she has neither condoned those acts of cruelty and adultery nor has she been accessory to those acts. It is also on record that she has not presented a prosecuted this petition in collusion of the respondent.
I have observed her demeanor while giving evidence and she stuck me as a person who has been affected badly by the mishaps in the marriage caused by the respondent.
I do thus accept her uncontroverted evidence and grant the prayer of dissolution of the marriage celebrated between the parties on the grand of adultery on the part of the Respondent.
As the marriage had very short span, I also exercise my discretion and direct that the decree nisi be made absolute within 90 days from the date hereof.
Dated and signed this 21st day of February, 2007.
K.H.RAWAL
JUDGE
21. 02. 08