[2001] KEHC 6 (KLR)

[2001] KEHC 6 (KLR)

The court found that the respondent was already married under Luo Customary Law before the monogamous marriage with the petitioner, rendering the latter a nullity ab initio. Even if the marriage were valid, the uncontroverted evidence established that the respondent committed adultery, was cruel to the petitioner, and deserted her for more than two years prior to the filing of the petition. The respondent's failure to contest the petition further strengthened the petitioner's case. The marriage was deemed irretrievably broken down, and the petitioner was entitled to the reliefs sought.

Citation
[2001] KEHC 6 (KLR)
Parties
Applicant: M E A; Respondent: G A A
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
11 July 2001
Case Number
Divorce Cause 32 of 2000
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Dissolution of Marriage, Adultery, Cruelty, Desertion
Source Language
English
Family and Children Dissolution of Marriage Adultery Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

M E A

Applicant

G A A

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved on grounds of adultery, cruelty, and desertion.
  2. 2 Whether the monogamous marriage was a nullity ab initio due to non-disclosure of a prior customary marriage.

Ratio Decidendi

The court found that the respondent was already married under Luo Customary Law before the monogamous marriage with the petitioner, rendering the latter a nullity ab initio. Even if the marriage were valid, the uncontroverted evidence established that the respondent committed adultery, was cruel to the petitioner, and deserted her for more than two years prior to the filing of the petition. The respondent's failure to contest the petition further strengthened the petitioner's case. The marriage was deemed irretrievably broken down, and the petitioner was entitled to the reliefs sought.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • A decree nisi shall issue to dissolve the marriage solemnized on 17th May, 1997 between G A A and M E A under marriage Certificate No. 69745.
  • The respondent shall bear the costs of the petition.