[2006] KEHC 2292 (KLR)

[2006] KEHC 2292 (KLR)

The court found that the Petitioner's evidence of cruelty, including physical violence, poisoning, attempted arson, and emotional and financial neglect, was credible and uncontroverted. The Petitioner had not condoned or colluded in the acts of cruelty. The court was satisfied that the Respondent was guilty of cruelty and that the Petitioner was entitled to a decree of dissolution of marriage. The marriage was therefore ordered to be dissolved, with no order as to costs.

Citation
[2006] KEHC 2292 (KLR)
Parties
Applicant: M.D; Respondent: E.S.P
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 June 2006
Case Number
Divorce Cause 12A of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Cruelty as Ground for Divorce, Matrimonial Offences
Source Language
English
Family and Children Dissolution of Marriage Cruelty as Ground for Divorce Matrimonial Offences

Case Brief

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Parties

M.D

Applicant

E.S.P

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent was guilty of cruelty towards the Petitioner.
  2. 2 Whether the Petitioner is entitled to dissolution of marriage on the ground of cruelty.
  3. 3 Whether the Petitioner colluded or condoned the acts of cruelty.

Ratio Decidendi

The court found that the Petitioner's evidence of cruelty, including physical violence, poisoning, attempted arson, and emotional and financial neglect, was credible and uncontroverted. The Petitioner had not condoned or colluded in the acts of cruelty. The court was satisfied that the Respondent was guilty of cruelty and that the Petitioner was entitled to a decree of dissolution of marriage. The marriage was therefore ordered to be dissolved, with no order as to costs.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage solemnized between the Petitioner and the Respondent is dissolved.
  • Decree nisi to be made absolute within three months of the date hereof.