The High Court dismissed a divorce appeal, holding that the marriage had irretrievably broken down and that the trial court properly evaluated the evidence.
The High Court at Busia granted a divorce after finding the marriage had irretrievably broken down, with each party bearing own costs and a decree nisi to issue.
The court found that the petitioner had established unchallenged evidence of cruelty and desertion by the respondent. The respondent's conduct, including abusive language, violent behavior, and desertion of the matrimonial home for over seven years, constituted cruelty and desertion as defined under the Marriage Act. The court held that the marriage had irretrievably broken down, satisfying the statutory grounds for dissolution. The absence of any response or challenge from the respondent further supported the petitioner's case. The court concluded that the marriage could not be salvaged and…
The High Court at Malindi dissolved a marriage after finding it had irretrievably broken down through desertion under section 66(6)(e) of the Marriage Act.
The High Court dissolved a marriage for cruelty after finding that non-consummation and refusal to cohabit caused emotional distress. Adultery was not proved.
Unopposed divorce cause where the High Court found cruelty proved after the respondent failed to regularize the petitioner’s immigration status in Switzerland.
The High Court at Nairobi dissolved a marriage after finding irretrievable breakdown, noting the parties had not had sexual relations since 2002 and the petition was uncontested.