[2014] KEHC 3122 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the marriage was never consummated due to the willful refusal of the respondent, who also deserted the petitioner and expressed her lack of interest in the marriage. The respondent's own affidavit and letter confirmed these...
Source-derived case information.
- Citation
- [2014] KEHC 3122 (KLR)
- Parties
- Plaintiff: P G; Defendant: G F
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 9 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage annulled
- Judges
- CW Meoli
- Legal Topics
- Annulment of Marriage, Non Consummation, Desertion, Matrimonial Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P G
Plaintiff
G F
Defendant
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the marriage between the parties should be annulled due to non-consummation and desertion by the respondent.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the marriage was never consummated due to the willful refusal of the respondent, who also deserted the petitioner and expressed her lack of interest in the marriage. The respondent's own affidavit and letter confirmed these facts. As the evidence was uncontested and satisfied the statutory grounds for annulment under the Matrimonial Causes Act, the court granted the relief sought and annulled the marriage.
Court Disposition
petition allowed; marriage annulled
Orders
- The marriage between the petitioner and the respondent is annulled.
- Each party will bear their own costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
DIVORCE CAUSE NO. 9 OF 2013
IN THE MATTER OF THE MARRIAGE ACT (CAP 150)
AND
IN THE MATTER OF THE MATRIMONIAL CAUSES ACT (CAP 152)
P G…................................................PLAINTIFF
VERSUS
G F …...........................................DEFENDANT
JUDGEMENT
PG and GF got married on 27th October, 1986 and they cohabited as a couple in Malindi for 3 months only. The marriage according to the Petitioner, PG, was never consummated due to the willful refusal by the Respondent, GF, who presently resides in Italy having deserted the Petitioner. Subsequently, on 22nd February, 1987 the Respondent allegedly advised the Petitioner to move to court to annul the union as she was no longer interested in marriage. The Petitioner therefore seeks annulment of the marriage.
The suit proceeded as an undefended cause as the Respondent did not file any response, despite service, which she acknowledged. The Petitioner during the hearing adopted his statement as filed in court on 29. 10. 13. The details therein support the averments in his petition. Attached thereto are a letter and an affidavit by the Respondent confirming that no consummation took place between the couple and that she was no longer interested in the marriage.
That evidence is not controverted. I must find that the Petitioner is entitled to the relief he now seeks. The Petition is allowed. Each party will bear own costs.
Delivered and signed this 7th day of July, 2014
In the presence of Ms. Otieno for the Petitioner.
C. W. Meoli
JUDGE