[2005] KEHC 2963 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home without cause for a period of at least three years immediately preceding the presentation of the petition. The evidence was unchallenged, and there was no indication of condonation or...
Source-derived case information.
- Citation
- [2005] KEHC 2963 (KLR)
- Parties
- Petitioner: P N M; Respondent: J N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 59 of 2002
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved.
- Judges
- FI Koome
- Legal Topics
- Divorce, Desertion, Matrimonial Breakdown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P N M
Petitioner
J N M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home without cause for at least three years preceding the petition.
- 2 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home without cause for a period of at least three years immediately preceding the presentation of the petition. The evidence was unchallenged, and there was no indication of condonation or collusion. Accordingly, the court granted a decree of divorce on the ground of desertion.
Court Disposition
Petition for divorce allowed; marriage dissolved.
Orders
- Decree nisi to issue for a period of three months.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
DIVORCE CAUSE NO.59 OF 2002
IN THE HIGH COURT OF KENYA AT NAIROBI
Divorce Cause No.59 Of 2002
P N M……………………………………...Petitioner Versus J N M…………………………………..…Respondent
JUDGMENT
The petitioner in this divorce cause has petitioned for the dissolution of the marriage that was solemnized between him and the respondent on 5th February 1999 at the Registrar’s office at Nairobi.Both the petitioner and Respondent are domiciled in the Republic of Kenya and they have one issue namely N.K. who is aged 3 years.This petition was not defended and was certified as undefended cause on 16th September 2004.
During the hearing, the petitioner gave evidence and reiterated the particulars of desertion contained in the petition. According to the petitioner, the respondent deserted the matrimonial home on 12th May 2000 at Komarock Estate in Nairobi and all the efforts made by the petitioner to persuade her to come back home failed. The petitioner has not condoned the acts of desertion nor has he brought this petition through collusion. The petitioner therefore sought for the dissolution of the marriage.
I have carefully considered the evidence by the petitioner which is not at all challenged. The parties have been separated since May 2000. I am satisfied that the petitioner has been able to prove his case on the ground of desertion as the respondent deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of this petition.
In the premises, I hereby pronounce the decree of divorce and dissolve the marriage that was solemnized between the parties on 5th February 1999. The decree nisi shall issue for a period of (3) months. Since the respondent did not defend the cause, I will make no order as to cost.
It is so ordered.
Judgment read and signed on 28th January, 2005.
MARTHA KOOME
JUDGE