[2013] KEHC 1159 (KLR)

[2013] KEHC 1159 (KLR)

The court found that the respondent deserted the petitioner on 27th August 2006 and never returned, and that all efforts at reconciliation had failed. The evidence of desertion was uncontroverted, and there was no indication of collusion or condonation by the petitioner. The court was satisfied that the marriage had...

Source-derived case information.

Citation
[2013] KEHC 1159 (KLR)
Parties
Applicant: M L C; Respondent: P S M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 November 2013
Case Number
Divorce Cause 70 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
DN Musyoka
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Undefended Petition
Source Language
english
Family and Children Divorce Matrimonial Breakdown Desertion Undefended Petition

Source-derived case record

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 L C

Applicant

P S M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, leading to irretrievable breakdown of the marriage.
  2. 2 Whether there was collusion or condonation by the petitioner in the alleged desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner on 27th August 2006 and never returned, and that all efforts at reconciliation had failed. The evidence of desertion was uncontroverted, and there was no indication of collusion or condonation by the petitioner. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, and therefore granted the petition for dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the petitioner and respondent on 8th August 1981 is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after thirty (30) days.