[2018] KEHC 9127 (KLR)

[2018] KEHC 9127 (KLR)

The court held that while the Foreign Judgments (Reciprocal Enforcement) Act does not provide for recognition or registration of foreign divorce decrees from Slovakia, Section 67 of the Marriage Act 2014 permits recognition of foreign matrimonial decrees without the need for reciprocity, provided that either party was domiciled in the foreign country and the foreign court had jurisdiction. The parties had been domiciled in Slovakia for more than one year prior to the institution of divorce proceedings, and there was no evidence challenging the jurisdiction of the Slovakian court. The court further clarified that registration of such decrees is the function of the Registrar of Marriages...

Citation
[2018] KEHC 9127 (KLR)
Parties
Applicant: P M; Respondent: V M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 May 2018
Case Number
Miscellaneous Civil Application 152 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Recognition of Foreign Divorce Decree
Outcome
application allowed in part
Legal Topics
Recognition of Foreign Divorce, Matrimonial Proceedings, Registration of Foreign Judgments
Source Language
English
Family and Children Recognition of Foreign Divorce Matrimonial Proceedings Registration of Foreign Judgments

Case Brief

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Parties

P M

Applicant

V M

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Recognition of Foreign Divorce Decree

Legal Issues

  1. 1 Whether a foreign divorce decree from Slovakia can be recognized and adopted by a Kenyan court.
  2. 2 Whether reciprocity or Kenya's status as a signatory to the relevant international convention is required for such recognition.
  3. 3 Whether the Marriage Act 2014 permits recognition and/or registration of foreign matrimonial decrees.

Ratio Decidendi

The court held that while the Foreign Judgments (Reciprocal Enforcement) Act does not provide for recognition or registration of foreign divorce decrees from Slovakia, Section 67 of the Marriage Act 2014 permits recognition of foreign matrimonial decrees without the need for reciprocity, provided that either party was domiciled in the foreign country and the foreign court had jurisdiction. The parties had been domiciled in Slovakia for more than one year prior to the institution of divorce proceedings, and there was no evidence challenging the jurisdiction of the Slovakian court. The court further clarified that registration of such decrees is the function of the Registrar of Marriages...

Court Disposition

application allowed in part

Orders

  • The court recognizes and adopts the dissolution of marriage decree given to the applicant and respondent in the Republic of Slovakia, District Court of Zvolen, before Judge Mgr. Eva Jombikova on 25th February 2013.
  • Costs be in the cause.