[2002] KEHC 282 (KLR)

[2002] KEHC 282 (KLR)

The court found that the respondent, having failed to contest the petition at the hearing, left the petitioner's evidence unchallenged. The petitioner established grounds for dissolution of marriage and justified claims for custody and maintenance. The court allowed the petition as prayed, granting a decree nisi for...

Source-derived case information.

Citation
[2002] KEHC 282 (KLR)
Parties
Applicant: R W M; Respondent: J M G
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 84 of 1999
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed as prayed; decree nisi granted; maintenance awarded; costs to petitioner.
Legal Topics
Dissolution of Marriage, Child Custody, Spousal Maintenance, Child Maintenance
Source Language
en
Family and Children Dissolution of Marriage Child Custody Spousal Maintenance Child Maintenance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R W M

Applicant

J M G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved.
  2. 2 Whether the petitioner is entitled to custody of the children of the marriage.
  3. 3 Whether the petitioner is entitled to maintenance and costs.

Ratio Decidendi

The court found that the respondent, having failed to contest the petition at the hearing, left the petitioner's evidence unchallenged. The petitioner established grounds for dissolution of marriage and justified claims for custody and maintenance. The court allowed the petition as prayed, granting a decree nisi for dissolution, custody of the children to the petitioner, and maintenance in the sum of Ksh 50,000 per month, with the decree nisi not to be made absolute until six months from the date of judgment.

Court Disposition

Petition allowed as prayed; decree nisi granted; maintenance awarded; costs to petitioner.

Orders

  • Decree nisi for dissolution of marriage to issue, not to be made absolute until after six months from the date of judgment.
  • Custody of the children of the marriage granted to the petitioner.