[2020] KEHC 4076 (KLR)

[2020] KEHC 4076 (KLR)

The court found that the parties had been separated for three years and that the allegations and counter-allegations of cruelty and desertion demonstrated that the marriage had irretrievably broken down. The court held that the continued separation and mutual accusations were sufficient evidence that the marriage...

Source-derived case information.

Citation
[2020] KEHC 4076 (KLR)
Parties
Petitioner: MAO; Respondent: MJO
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
22 July 2020
Case Number
Divorce Cause 1 of 2017
Procedural Posture
Divorce Cause / Judgment
Outcome
divorce granted
Judges
KW Kiarie
Legal Topics
Customary Marriage, Divorce, Cruelty, Desertion
Source Language
english
Family and Children Customary Marriage Divorce Cruelty Desertion

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Summary, issues, holding and outcome

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Parties

MAO

Petitioner

MJO

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether the petitioner proved cruelty and division of children by the respondent.
  3. 3 Whether the respondent proved desertion and cruelty by the petitioner.

Ratio Decidendi

The court found that the parties had been separated for three years and that the allegations and counter-allegations of cruelty and desertion demonstrated that the marriage had irretrievably broken down. The court held that the continued separation and mutual accusations were sufficient evidence that the marriage could not be salvaged, and thus granted the divorce.

Court Disposition

divorce granted

Orders

  • Decree nisi to issue.
  • Each party to bear own costs.