[2007] KEHC 3421 (KLR)
The court found that the petitioner had proved her case for dissolution of marriage on the ground of cruelty, as the respondent failed to contest the petition and the evidence showed that the marriage had broken down irretrievably. The court was satisfied that the petitioner had not condoned the cruelty and that...
Source-derived case information.
- Citation
- [2007] KEHC 3421 (KLR)
- Parties
- Applicant: Susy Wagabi Wandera; Respondent: Peter Nzinga Maliki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 122 of 2005
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- JA Aluoch
- Legal Topics
- Divorce, Cruelty, Marriage Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susy Wagabi Wandera
Applicant
Peter Nzinga Maliki
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved cruelty as a ground for dissolution of marriage.
- 2 Whether the marriage between the parties has irretrievably broken down.
Ratio Decidendi
The court found that the petitioner had proved her case for dissolution of marriage on the ground of cruelty, as the respondent failed to contest the petition and the evidence showed that the marriage had broken down irretrievably. The court was satisfied that the petitioner had not condoned the cruelty and that there was no collusion. Accordingly, the court granted an order dissolving the marriage.
Court Disposition
petition allowed; marriage dissolved
Orders
- Decree nisi to issue immediately.
- Decree nisi to be made absolute within one month from the date of judgment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
DIVORCE CAUSE 122 OF 2005
SUSY WAGABI WANDERA…………………PETITIONER
VERSUS
PETER NZINGA MALIKI………….………RESPONDENT
J U D G M E N T
Susy Wagabi Wandera prayed the court for an order to dissolve her marriage to the Respondent on grounds of cruelty whose particulars were detailed in paragraph 10 of the Petition.
The two were married on 4th August, 1999 at the Registrar’s Office in Nairobi.
The Petitioner produced her Marriage Certificate in court. The 2 had no children, and again, the 2 never lived and cohabited after marriage because she left Kenya two days after the marriage, and traveled to the USA from where she did not return until after 7 years. That the Respondent forced her into the marriage because he wanted to ensure that she would return back to Kenya if she went to the USA.
Peter stayed behind and subsequently married somebody else, Jane and Peter have two children. Upon return, the Petitioner did not resume cohabitation with Peter whom he said was cruel to her both emotionally and verbally.
She has not condoned Peter’s cruelty, and has not brought this petition in collusion with him.
Both the Petitioner and Respondent are resident in Kenya.
The Respondent was served with the petition, but he failed to enter appearance or file a reply. The cause was thus certified undefended.
From the Petitioner’s evidence on record, I am satisfied that the marriage between these 2 have broken down due to what the Petitioner describes as “cruelty” which the Respondent failed to appear in court to oppose.
I therefore find that the Petitioner has proved her petition on a balance of probabilities, and I proceed to grant an order dissolving her marriage to the Respondent.
The Petitioner will pay her own costs.
I direct that the decree nisi do issue today, and the same be made absolute within a period of one month from today.
Dated and delivered at Nairobi this 3rd day of December 2007.
Joyce Aluoch
Judge