[2000] KEHC 228 (KLR)

[2000] KEHC 228 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery with the co-respondent, AS, and that the petitioner had not condoned the adultery. The evidence was uncontested, and the court accepted the petitioner's account. Consequently, the court dissolved the...

Source-derived case information.

Citation
[2000] KEHC 228 (KLR)
Parties
Petitioner: PGN; Respondent: JPGN; Respondent: AS
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 June 2000
Case Number
? 132 of 1999
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Damages and costs awarded to petitioner.
Legal Topics
Divorce, Adultery, Marriage Dissolution
Source Language
english
Family and Children Divorce Adultery Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

PGN

Petitioner

JPGN

Respondent

AS

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent committed adultery as alleged by the petitioner.
  2. 2 Whether the marriage should be dissolved on the grounds of adultery.
  3. 3 Whether the petitioner is entitled to damages against the co-respondent.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, that the respondent committed adultery with the co-respondent, AS, and that the petitioner had not condoned the adultery. The evidence was uncontested, and the court accepted the petitioner's account. Consequently, the court dissolved the marriage, ordered a variation of the marriage settlement, and awarded damages against the co-respondent. Costs of the petition were also awarded to the petitioner against both the respondent and the co-respondent.

Court Disposition

Petition allowed. Marriage dissolved. Damages and costs awarded to petitioner.

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • There will be a variation of the marriage settlement.