[2018] KEHC 1141 (KLR)
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the parties living apart for over 13 years and the absence of any challenge to the petitioner's claims. The court further held that the parties had amicably agreed on the division of their...
Source-derived case information.
- Citation
- [2018] KEHC 1141 (KLR)
- Parties
- Applicant: O F T; Respondent: S E T
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 46 of 2011
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved; property division agreement adopted
- Judges
- A Ali-Aroni
- Legal Topics
- Dissolution of Marriage, Irretrievable Breakdown, Matrimonial Property, Separation, Division of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
O F T
Applicant
S E T
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
- 2 Whether the parties have amicably agreed on the division of matrimonial property.
- 3 Whether the court should adopt the parties' agreement on property division as part of the decree.
Ratio Decidendi
The court found that the marriage between the petitioner and respondent had irretrievably broken down, as evidenced by the parties living apart for over 13 years and the absence of any challenge to the petitioner's claims. The court further held that the parties had amicably agreed on the division of their matrimonial property, as demonstrated by the signed agreement dated 25th October, 2018. The court adopted this agreement as part of its orders, finding no reason to keep the parties bound in a marriage that had ceased to exist in substance. The dissolution of the marriage and the division of property as agreed by the parties were therefore ordered, with each party to bear their own costs.
Court Disposition
petition allowed; marriage dissolved; property division agreement adopted
Orders
- The union between O F T and S E T is dissolved.
- L. R. No. [particulars withheld] shall be shared equally based on the joint agreement dated 25th October, 2018.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO. 46 OF 2011
BETWEEN
O F T.......................................................................PETITIONER
AND
S E T.....................................................................RESPONDENT
JUDGMENT
1. The Petitioner O F T filed a Petition on the 7th of March, 2011 which was amended on the 16th of April 2015 against the Respondent S E Tseeking for dissolution of the marriage between the parties for the reason that the marriage had broken down irretrievably and that the parties have since 2005 September led separate lives.
2. The Responded though duly served with Court Process failed to enter appearance or respond to the Petition and the matter proceeded as an undefended cause.
3. The parties solemnized their marriage on the 25th of July, 1998 at St. Austin Church [particulars withheld] in Nairobi. They cohabited until 2003 on L.R. No. [particulars withheld]/Thika road thereafter they moved to the Petitioner’s property till 2004. Thereafter the Petitioner went to work in Afghanistan. The parties finally separated in 2005. Their marriage had no issues.
4. The Petitioner who is a [particulars withheld] currently works as a poultry farmer in Tanzania whereas the Respondent manages Ruaraka [particulars withheld] farm. Both are Kenyan citizen.
5. The Petitioner contends that their marriage has irretrievably broken down and he seeks for dissolution of the same.
6. The Petitioner further informed the court that the two owned properties together and had come to an agreement on how the same is to be shared. In evidence he produced an agreement dated 25th October, 2018 signed by the parties and requested that the agreement to be included in the decree nisi as part of the court order.
7. The parties herein have lived apart since September 2005 a period of over 13 years. It is the contention of the Petitioner which remains unchallenged that the marriage between the two has broken down irretrievably.
8. Having considered the evidence before court I find that indeed the marriage between the parties has broken down irretrievably and both have moved separate ways and it will serve no purpose to hold the two together any longer. I further find that the two through an agreement dated 25th October, 2018 amicably shared matrimonial properties and the agreement is hereby adopted.
9. Consequently:
a) The union between the two, O F T and S E T be and is hereby dissolved.
b) L. R. No. [particulars withheld] shall be shared equally based on the joint agreement between the parties dated 25th October, 2018.
c) The Joint Sterling account number 21****85 with [particulars withheld] Bank be retained for the benefit of the wife entirely.
d) The husband shall transfer his 1 share on Ruaraka [particulars withheld] Limited to the wife or her nominee, he shall further transfer shares he inherited from his father G P T to the wife as stipulated in the agreement.
e) Decree absolute do issue upon lapse of three months.
f) Each party to meet his own costs.
DATED, SIGNEDandDELIVEREDat NAIROBI this 20th DAY OF DECEMBER, 2018.
ALI-ARONI
JUDGE
In the presence of:
Petitioner.........................................................
Respondent.....................................................