[2018] KEHC 7893 (KLR)
The court found that both parties had been separated for about three years and both agreed that the marriage had irretrievably broken down. The court held that it cannot force a marriage to work where both parties have declared it dead. Accordingly, the court allowed the divorce as prayed in the petition and cross...
Source-derived case information.
- Citation
- [2018] KEHC 7893 (KLR)
- Parties
- Petitioner: N T L; Respondent: E N M
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Matrimonial Cause 1 of 2016
- Procedural Posture
- Matrimonial Cause / Judgment
- Outcome
- petition and cross petition allowed; marriage dissolved
- Judges
- KW Kiarie
- Legal Topics
- Divorce, Irretrievable Breakdown of Marriage, Customary Marriage, Civil Marriage, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
N T L
Petitioner
E N M
Respondent
Procedural Posture
Matrimonial Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the marriage should be dissolved under the Marriage Act.
Ratio Decidendi
The court found that both parties had been separated for about three years and both agreed that the marriage had irretrievably broken down. The court held that it cannot force a marriage to work where both parties have declared it dead. Accordingly, the court allowed the divorce as prayed in the petition and cross petition, ordering the dissolution of the marriage.
Court Disposition
petition and cross petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MATRIMONIAL CAUSE NO. 1 OF 2016
N T L....................PETITIONER
VERSUS
E N M………...RESPONDENT
JUDGMENT
1. The petitioner and the respondent in this matrimonial cause started their marriage life together under Bukhabi/Teso customary marriage on 20. 8.2012. Dowry was paid. Later on 14. 1.2014 the marriage was converted to a civil marriage, and a certificate under the Marriage Act was accordingly issued at the District Commissioner’s office, Busia.
2. It would appear their marriage was not destined to last. Differences started drive a wedge between the two and they became irreconcilable. On the 29. 3.2015, the respondent left the matrimonial home where she had not returned at the time of hearing of the cause.
3. Both parties have raised similar grounds and both have indicated that the marriage has irretrievably broken down. They have been away from each other for about 3 years. This court cannot make a marriage, where the parties have declared it dead, work.
4. I accordingly allow the divorce as prayed in the petition and in the cross petition. The marriage is ordered dissolved. Each party to meet own costs.
DELIVEREDandSIGNEDatBUSIAthis15thdayof March, 2018
KIARIE WAWERU KIARIE
JUDGE