[2015] KEHC 6278 (KLR)
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent failed to appear or file any response. The evidence presented by the petitioner was accepted as truthful and sufficient to establish cruelty and irretrievable breakdown of the marriage. The court was satisfied that...
Source-derived case information.
- Citation
- [2015] KEHC 6278 (KLR)
- Parties
- Petitioner: O A G L; Respondent: J O D
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 79 of 2014
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed; marriage dissolved.
- Judges
- DN Musyoka
- Legal Topics
- Divorce, Cruelty, Irretrievable Breakdown of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
O A G L
Petitioner
J O D
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent was cruel to the petitioner, warranting dissolution of the marriage.
- 2 Whether the marriage has irretrievably broken down.
- 3 Whether there was collusion between the parties in bringing the proceedings.
Ratio Decidendi
The court found that the petitioner’s allegations of cruelty were uncontroverted, as the respondent failed to appear or file any response. The evidence presented by the petitioner was accepted as truthful and sufficient to establish cruelty and irretrievable breakdown of the marriage. The court was satisfied that there was no collusion between the parties in bringing the proceedings. Accordingly, the legal requirements for dissolution of marriage under the African Christian Marriage and Divorce Act were met, and the marriage was ordered dissolved.
Court Disposition
Petition for dissolution of marriage allowed; marriage dissolved.
Orders
- The marriage celebrated between the petitioner and respondent on 2nd June 2001 is hereby dissolved.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 79 OF 2014
BETWEEN
O A G L………..….PETITIONER
AND
J O D…………..RESPONDENT
JUDGEMENT
Marriage was celebrated between the parties herein on 2nd June 2001 at the Consolata Shrine, Nairobi. A certificate of marriage serial number [particulars withheld] was issued to them in accordance with the African Christian Marriage and Divorce Act. The couple thereafter cohabited in Kilimani and Kileleshwa Estates in Nairobi, Kenya, as husband and wife. They were blessed with issue, two children – T A J L and T O O L.
The petition in this matter was filed in court on 8th April 2014. The petitioner seeks dissolution of the marriage on the grounds of cruelty. The particulars of cruelty being that the respondent has been unnecessarily argumentative, treated the petitioner in a contemptuous and patronising manner, constantly lying to her, treating the petitioner as a child and not as an equal to the respondent, denial of conjugal rights, among others. She pleads that in view of the said matrimonial offences the marriage between them has irretrievably broken down.
The respondent was served with the divorce papers. There is an affidavit of service on record filed on 9th June 2014, sworn on 31st May 2014, as evidence that the divorce papers were served on the respondent on 5th May 2014.
The respondent did not enter appearance nor file an answer to the petition on record. Consequently, the Deputy Registrar directed on 23rd October 2014 that the matter shall proceed as an undefended cause..
The matter came up for hearing on 11th December 2014. The petitioner testified and gave vent to the allegations made in her petition. No counter evidence was given by the respondent, and therefore the petitioner’s story was not controverted.
It would appear to me that the marriage between the parties herein has irretrievably broken down. I find that the respondent has been cruel to the petitioner. It would also appear to me that there has been no collusion between the petitioner and the respondent in the bringing of these proceedings.
I am disposed to make the following orders: -
That I hereby order dissolution of the marriage celebrated between the petitioner and respondent dated 2nd June 2001 ;
That there will be no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 6th DAY OF March 2015.
W. MUSYOKA
JUDGE