[2013] KEHC 5114 (KLR)
The court held that since the marriage between the applicant and respondent was contracted and registered in Japan, and was subsequently dissolved in accordance with Japanese law, the dissolution should be recognized in Kenya. The court found no legal impediment to granting the order sought, as the parties are no...
Source-derived case information.
- Citation
- [2013] KEHC 5114 (KLR)
- Parties
- Applicant: S.M.N; Respondent: R.K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 125 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Recognition of Foreign Divorce, Dissolution of Marriage, Capacity to Remarry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.M.N
Applicant
R.K
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the High Court of Kenya should recognize a foreign decree of divorce granted in Japan between the applicant and respondent.
- 2 Whether the parties are entitled to have their new status as single persons recognized in Kenya.
Ratio Decidendi
The court held that since the marriage between the applicant and respondent was contracted and registered in Japan, and was subsequently dissolved in accordance with Japanese law, the dissolution should be recognized in Kenya. The court found no legal impediment to granting the order sought, as the parties are no longer husband and wife under Japanese law. Recognition of the foreign divorce decree would facilitate the parties' enjoyment of their new legal status and capacity to remarry. The court therefore allowed the application and ordered that the decree of dissolution issued in Japan be made an order of the Kenyan court.
Court Disposition
application allowed
Orders
- The decree dissolving the marriage between the applicant and respondent issued on 27.8.2012 in Miyauchi, Shinichi-co Hiroshima, Japan is made an order of this court.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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IN THE MATTER OF S.M.N AND K.K
S.M.N ………………………………............................... APPLICANT
VERSUS
R.K……………..…………........................................ RESPONDENT
RULING
I have perused the Notice of Motion dated 18. 10. 2012. I have also perused the documents attached to the affidavit of the Applicant sworn on 18. 10. 2012 which show that the parties had their marriage dissolved on 27. 8.2012 in Japan. I have also perused the “certificate of no impediment to marriage” issued on [particulars withheld] 1997 by the Kenya Senior Deputy Registrar General of Marriages under the provisions of the Marriage Act, Cap 150 of the Laws of Kenya. The Applicant, S.M.N seeks in the Notice of Motion an order that decree dissolving the marriage between him and the Respondent issued on 27. 8.2012 in Miyauchi, Shinichi-co Hiroshima, Japan be made an order of this court. I observe that the parties registered their marriage in Japan on [particulars withheld] 1997 and that the marriage was dissolved on 27th August 2012 in accordance with the law of Japan. As the Applicant’s marriage in Japan to the Respondent has been dissolved in accordance with the law of Japan, and as the Applicant and the Respondent are no longer man and wife in the eyes of the law of Japan where the marriage was contracted and registered, justice dictates that the dissolution of the parties marriage to each other be recognized in Kenya to facilitate enjoyment by them of their new status as single man and single woman each with capacity to marry again.
Accordingly, I allow the application by the Notice of Motion dated 18. 12. 2012 and grant orders in terms of prayer 1 of the application.
Each party shall bear its own costs. I direct that this Rulingand the formal order to be extracted be served on the Respondent.
G. B. M. Kariuki, SC
JUDGE
Dated, delivered and signed on this 15th day of February 2013 by the Honourable Justice W. Musyoka on behalf of Justice G.B.M. Kariuki.
JUDGE
Counsel appearing
Mr. Philip Kaingu, Advocate, of Katsoleh & Co. Advocates, for the Applicant
Court Clerk - Kugwa