[2002] KEHC 290 (KLR)

[2002] KEHC 290 (KLR)

The court found that the respondent was guilty of both desertion and adultery as pleaded in the petition. The respondent failed to defend the petition or contest the allegations. On the basis of the unchallenged evidence and the applicable legal provisions under the Divorce Jurisdiction laws, the court was satisfied...

Source-derived case information.

Citation
[2002] KEHC 290 (KLR)
Parties
Applicant: P O; Respondent: J K N
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 10 of 1997
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; decree nisi granted
Legal Topics
Divorce, Adultery, Desertion
Source Language
en
Family and Children Divorce Adultery Desertion

Source-derived case record

Summary, issues, holding and outcome

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Parties

P O

Applicant

J K N

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent is guilty of desertion as pleaded in the petition.
  2. 2 Whether the respondent is guilty of adultery as pleaded in the petition.
  3. 3 Whether the petitioner is entitled to a decree nisi.

Ratio Decidendi

The court found that the respondent was guilty of both desertion and adultery as pleaded in the petition. The respondent failed to defend the petition or contest the allegations. On the basis of the unchallenged evidence and the applicable legal provisions under the Divorce Jurisdiction laws, the court was satisfied that the grounds for divorce had been established. Accordingly, the court granted a decree nisi to be made absolute after four weeks, dissolving the marriage between the parties.

Court Disposition

petition allowed; decree nisi granted

Orders

  • Decree nisi to issue and be made absolute after 4 weeks from the date of judgment.
  • No order as to costs.