[2014] KEHC 965 (KLR)
The court found that the petitioner failed to plead or prove the system of law under which the alleged marriage was celebrated and did not produce a marriage certificate or any evidence of the celebration of marriage. Without proof of the existence of a valid marriage, there was no basis for the court to grant the...
Source-derived case information.
- Citation
- [2014] KEHC 965 (KLR)
- Parties
- Petitioner: M M M; Respondent: D K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 11 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition dismissed
- Judges
- DN Musyoka
- Legal Topics
- Dissolution of Marriage, Proof of Marriage, Undefended Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M M
Petitioner
D K M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether there was a valid marriage between the petitioner and the respondent capable of being dissolved by the court.
- 2 Whether the petitioner provided sufficient proof of the existence and nature of the marriage.
Ratio Decidendi
The court found that the petitioner failed to plead or prove the system of law under which the alleged marriage was celebrated and did not produce a marriage certificate or any evidence of the celebration of marriage. Without proof of the existence of a valid marriage, there was no basis for the court to grant the prayers sought in the petition. The petition was therefore dismissed for lack of proof of marriage.
Court Disposition
petition dismissed
Orders
- The petition dated 22nd January 2013 is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 11 OF 2013
BETWEEN
M M M……....……...………..PETITIONER
AND
D K M…………..…..……..RESPONDENT
JUDGEMENT
1. The petitioner seeks dissolution of a marriage purportedly celebrated on 18th September 2004 at the Sirikwa Hotel, Uasin Gishu District between her and the respondent.
2. There is evidence that the petition was served on the respondent, but there is nothing on record to show that the respondent entered appearance and filed answer to the petition. It was against that background that the petition was cleared for hearing as undefended.
3. I have noted that the petitioner has not in her petitioner indicated the system of law under which the said marriage was celebrated. It is not pleaded whether the marriage was under statute, customary law or Islamic law. If the same was celebrated under statute, a copy of the marriage certificate issued was not attached to the petition.
4. The petitioner testified on 2nd October 2014. In her evidence she did not allude at all to the system of marriage under which her alleged marriage was contracted, neither did she produce any certificate of marriage, nor lead evidence of any kind on the celebration of the marriage. She confined herself to matters on the problems that she allegedly had in the purported marriage.
5. There is therefore no proof that there existed a marriage between her and the respondent. Consequently, there is no basis for me to grant the prayers sought in the petition dated 22nd January 2013. The same is hereby dismissed.
DATED, SIGNED and DELIVERED at NAIROBI this 11th DAY OF December 2014.
W. MUSYOKA
JUDGE
In the presence of Miss. Ng’ang’a for Mr. Muli advocate for the petitioner.