C.S and D.S v N.T.M (Matrimonial Cause 14 of 2021) [2022] MWHC 106 (8 July 2022)

Parties

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

1. 1 Whether the marriage should be dissolved on grounds of desertion, cruelty, or adultery
2. 2 Whether the petitioner or respondent is entitled to custody of the children
3. 3 Whether maintenance should be ordered and in what amount

Ratio Decidendi

The marriage is dissolved on the ground of cruelty, specifically the unjustifiable denial of conjugal rights by the respondent. Desertion and adultery were not proved to the required standard. Custody is granted to the petitioner in the best interests of the children, with joint legal custody and visitation rights to the respondent. Maintenance is set at K400,000 per month plus school fees and medical expenses by the respondent, with the petitioner covering incidental and excess expenses. Property is distributed as proposed by the respondent, as the petitioner led no evidence. Damages for adultery are denied as adultery was not proved. Each party bears its own costs.

Court Disposition

Decree nisi of divorce granted on ground of cruelty; other grounds dismissed; custody, maintenance, and property distribution orders made; damages for adultery denied; each party to bear own costs.

Orders

• Decree nisi of divorce granted on ground of cruelty; petitioner to apply for decree absolute within six weeks
• Joint legal custody of children to both parties; physical custody to petitioner; visitation rights to respondent