[2016] KEHC 1063 (KLR)

[2016] KEHC 1063 (KLR)

The court found that the parties had not cohabited since 2012 due to irreconcilable differences and both agreed that the marriage could not be salvaged. The evidence established that the marriage had irretrievably broken down. The parties had also reached a consent on the issue of alimony and maintenance, with the Respondent agreeing to pay the Petitioner Kshs.1 million in full and final settlement. The court held that the grounds for dissolution were satisfied and allowed the petition, dissolving the marriage and issuing a decree nisi to be made absolute after thirty days. No orders as to costs were made, and the agreed sum was to be paid to the Petitioner.

Citation
[2016] KEHC 1063 (KLR)
Parties
Petitioner: S S; Respondent: B S N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 December 2016
Case Number
Divorce Cause 31 of 2015
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; alimony settled by consent; no order as to costs
Judges
LA Achode
Legal Topics
Divorce, Matrimonial Breakdown, Alimony, Maintenance, Matrimonial Property
Source Language
English
Family and Children Divorce Matrimonial Breakdown Alimony Maintenance Matrimonial Property

Case Brief

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Parties

S S

Petitioner

B S N

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 the Petitioner is entitled to dissolution of marriage on grounds of cruelty.
  3. 3 Whether the Petitioner is entitled to alimony, maintenance, and retrieval of her belongings.

Ratio Decidendi

The court found that the parties had not cohabited since 2012 due to irreconcilable differences and both agreed that the marriage could not be salvaged. The evidence established that the marriage had irretrievably broken down. The parties had also reached a consent on the issue of alimony and maintenance, with the Respondent agreeing to pay the Petitioner Kshs.1 million in full and final settlement. The court held that the grounds for dissolution were satisfied and allowed the petition, dissolving the marriage and issuing a decree nisi to be made absolute after thirty days. No orders as to costs were made, and the agreed sum was to be paid to the Petitioner.

Court Disposition

petition allowed; marriage dissolved; alimony settled by consent; no order as to costs

Orders

  • The marriage celebrated between the Petitioner and Respondent on 12th October, 2007 is dissolved.
  • Decree nisi dissolving the marriage is issued to be made absolute thirty days from the date of judgment.