[2017] KEHC 9061 (KLR)

[2017] KEHC 9061 (KLR)

The court found that the parties had lived apart for about five years without communication, and that the marriage had irretrievably broken down. The petitioner did not testify as required for a defended cause, but her affidavit supported the claim of breakdown. The respondent's uncontroverted evidence established desertion and lack of communication. The court concluded that there was nothing left of the marriage and granted an order for its dissolution on the ground of irretrievable breakdown.

Citation
[2017] KEHC 9061 (KLR)
Parties
Petitioner: R M; Respondent: C O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 June 2017
Case Number
Divorce Cause 93 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
AO Muchelule
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Cruelty, Desertion
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Cruelty Desertion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

R M

Petitioner

C O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down.
  2. 2 Whether cruelty or desertion occurred as grounds for divorce.
  3. 3 Whether the parties are entitled to dissolution of marriage.

Ratio Decidendi

The court found that the parties had lived apart for about five years without communication, and that the marriage had irretrievably broken down. The petitioner did not testify as required for a defended cause, but her affidavit supported the claim of breakdown. The respondent's uncontroverted evidence established desertion and lack of communication. The court concluded that there was nothing left of the marriage and granted an order for its dissolution on the ground of irretrievable breakdown.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree nisi for dissolution of marriage to issue and become absolute after 30 days.
  • Each party to bear own costs.