[2002] KEHC 315 (KLR)

The court found that the respondent had proved his case of cruelty against the petitioner, who failed to appear or prosecute her petition. The petitioner's petition was dismissed for want of prosecution, and the respondent's cross petition was granted. The court ordered a decree nisi to issue, not to be made absolute until six months had elapsed, and awarded costs to the respondent for both the petition and the cross petition.

Citation: [2002] KEHC 315 (KLR)
Parties: Petitioner: N.A.N; Respondent: J.A.N
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Judgment Date: 24 October 2002
Case Number: Divorce Cause 161 of 1999
Procedural Posture: Divorce Cause / Judgment
Outcome: petition dismissed; cross petition granted; decree nisi issued; costs to respondent
Legal Topics: Divorce Proceedings, Cruelty as Ground for Divorce, Cross Petition, Costs Award
Source Language: English

Family and Children Divorce Proceedings Cruelty as Ground for Divorce Cross Petition Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

N.A.N

Petitioner

J.A.N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

1 Whether the respondent proved cruelty as a ground for divorce against the petitioner.
2 Whether the petitioner's petition should be dismissed for want of prosecution.
3 Whether the respondent is entitled to costs and a decree nisi.

Ratio Decidendi

Court Disposition

petition dismissed; cross petition granted; decree nisi issued; costs to respondent

Orders

The petitioner's petition is dismissed.
The respondent's cross petition is granted.