[2015] KEHC 1820 (KLR)

[2015] KEHC 1820 (KLR)

The court found that the Petitioner failed to adduce any evidence in support of his petition for nullification of marriage on the ground of non-consummation, and therefore did not prove his case. The Respondent's cross petition for divorce was also dismissed as it was filed before the statutory three-year period required under Section 66 of the Marriage Act 2014 had elapsed. As neither party met the legal requirements for dissolution or nullification, both petitions were dismissed. Each party was ordered to bear their own costs.

Citation
[2015] KEHC 1820 (KLR)
Parties
Applicant: R.P; Respondent: E.N.G
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 October 2015
Case Number
Divorce Cause 22 of 2014
Procedural Posture
Divorce Cause / Judgment
Outcome
Both the petition and cross petition are dismissed. Each party to bear their own costs.
Judges
MW Muigai
Legal Topics
Divorce Proceedings, Nullification of Marriage, Non Consummation, Irretrievable Breakdown, Material Non Disclosure
Source Language
English
Family and Children Divorce Proceedings Nullification of Marriage Non Consummation Irretrievable Breakdown Material Non Disclosure

Case Brief

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Parties

R.P

Applicant

E.N.G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the parties have adduced sufficient evidence to warrant the grant of a divorce.
  2. 2 Who should bear the costs of the suit.

Ratio Decidendi

The court found that the Petitioner failed to adduce any evidence in support of his petition for nullification of marriage on the ground of non-consummation, and therefore did not prove his case. The Respondent's cross petition for divorce was also dismissed as it was filed before the statutory three-year period required under Section 66 of the Marriage Act 2014 had elapsed. As neither party met the legal requirements for dissolution or nullification, both petitions were dismissed. Each party was ordered to bear their own costs.

Court Disposition

Both the petition and cross petition are dismissed. Each party to bear their own costs.

Orders

  • The Petitioner’s petition of 3rd February 2014 is dismissed.
  • The Respondent’s cross petition of 1st December 2014 is dismissed.