[2013] KEHC 4417 (KLR)
The court found that the applicant had demonstrated sufficient grounds in the application and supporting affidavit to warrant the exercise of judicial discretion in his favour. Accordingly, leave was granted to the applicant to file a petition for divorce notwithstanding that three years had not elapsed since the...
Source-derived case information.
- Citation
- [2013] KEHC 4417 (KLR)
- Parties
- Applicant: Roy Mbuvi Muema; Respondent: Judith Rehema Kimuli
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 7 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Divorce Petition Before Three Years of Marriage
- Outcome
- application allowed
- Judges
- JV Juma
- Legal Topics
- Divorce Petition, Leave to File Before Three Years, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roy Mbuvi Muema
Applicant
Judith Rehema Kimuli
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Divorce Petition Before Three Years of Marriage
Legal Issues
- 1 Whether the applicant should be granted leave to file a petition for divorce before the expiry of three years since the celebration of the marriage.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds in the application and supporting affidavit to warrant the exercise of judicial discretion in his favour. Accordingly, leave was granted to the applicant to file a petition for divorce notwithstanding that three years had not elapsed since the celebration of the marriage.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file a petition for divorce notwithstanding that three years have not elapsed since the celebration of the marriage.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Civil Miscellaneous Application 7 of 2012
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IN THE MATTER OF: A PROPOSED PETITION BY ROY MBUVI MUEMA FOR DISSOLUTION OF HIS MARRIAGE WITH JUDITH REHEMA KIMULI
R.M.M…………………………………………...APPLICANT
VERSUS
J.R.K…..............……………………….…..RESPONDENT
RULING
I have considered this application dated 5th September, 2012. I have also considered the supporting affidavit annexed thereto. I find the application to have merit and I do hereby grant leave to the applicant to file a petition for divorce notwithstanding the fact that three (3) years have not elapsed since the celebration of the marriage.
Dated and delivered in open court this 28th day of March, 2013.
M. ODERO
JUDGE
In the absence of parties
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