[2019] KEHC 9884 (KLR)
The court found that the petitioner had proved her claims of unfaithfulness and cruelty against the respondent on a balance of probabilities. Since the respondent did not contest the petition or challenge the allegations, the court accepted the petitioner's evidence as uncontroverted and sufficient to warrant...
Source-derived case information.
- Citation
- [2019] KEHC 9884 (KLR)
- Parties
- Petitioner: NBM; Respondent: PBS
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 2 of 2016
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed. Decree nisi to issue. No order as to costs.
- Judges
- KW Kiarie
- Legal Topics
- Divorce, Matrimonial Disputes, Cruelty, Unfaithfulness
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
NBM
Petitioner
PBS
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for divorce against the respondent on the basis of cruelty and unfaithfulness.
Ratio Decidendi
The court found that the petitioner had proved her claims of unfaithfulness and cruelty against the respondent on a balance of probabilities. Since the respondent did not contest the petition or challenge the allegations, the court accepted the petitioner's evidence as uncontroverted and sufficient to warrant dissolution of the marriage.
Court Disposition
Petition for divorce allowed. Decree nisi to issue. No order as to costs.
Orders
- Divorce granted as prayed in the petition.
- Decree nisi to issue.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
DIVORCE CAUSE NO. 2 OF 2016
NBM.....................................................PETITIONER
VERSUS
PBS....................................................RESPONDENT
JUDGMENT
1. The petitioner and the respondent in this matrimonial cause solemnized their marriage in February 2013 at the District Commissioner’s office Mumias. They had however, started cohabiting in May 2012.
2. A few months after the solemnization of their marriage, differences started to manifest themselves. The petitioner has complained of unfaithfulness on the part of the respondent and cruelty. She has therefore petitioned this court for a divorce.
3. The respondent was served with the petition but did not file a response. The matter therefore proceeded for formal proof.
4. The allegations that were raised against the respondent were very serious issues that went unchallenged. The petitioner has therefore on a balance of probabilities proved her claims against the respondent.
5. I accordingly allow the divorce as prayed in the petition. Decree nisi to issue. No orders as to costs.
DELIVEREDandSIGNEDatBUSIAthis25thdayof February, 2019
KIARIE WAWERU KIARIE
JUDGE