[2002] KEHC 310 (KLR)

[2002] KEHC 310 (KLR)

The court found, based on unchallenged evidence, that the respondent deserted the petitioner for more than three years without just cause. The respondent failed to support the petitioner and their child, and has not been seen since leaving for the UK in December 1998. The court was satisfied that the legal...

Source-derived case information.

Citation
[2002] KEHC 310 (KLR)
Parties
Applicant: N.O; Respondent: T.O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 October 2002
Case Number
? 23 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of child granted to petitioner.
Legal Topics
Divorce, Desertion, Child Custody
Source Language
english
Family and Children Divorce Desertion Child Custody

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Summary, issues, holding and outcome

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Parties

N.O

Applicant

T.O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner for a continuous period of more than three years without just cause.
  2. 2 Whether the petitioner is entitled to dissolution of marriage on grounds of desertion.
  3. 3 Whether the petitioner should be granted custody of the child of the marriage.

Ratio Decidendi

The court found, based on unchallenged evidence, that the respondent deserted the petitioner for more than three years without just cause. The respondent failed to support the petitioner and their child, and has not been seen since leaving for the UK in December 1998. The court was satisfied that the legal requirements for dissolution of marriage on grounds of desertion were met. The court also found it in the best interests of the child to grant custody to the petitioner, who has been the primary caregiver. The cause was certified as undefended, and the petitioner was entitled to the reliefs sought.

Court Disposition

Petition allowed. Marriage dissolved. Custody of child granted to petitioner.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Custody of the only child of the marriage is granted to the petitioner.