TBN v JNA [2004] KEHC 751 (KLR)
- Court
- High Court of Kenya
- Case number
- 751
- Citation
- [2004] KEHC 751 (KLR)
- Decided
- 9 December 2004
The court finds that the marriage has irretrievably broken down due to cruelty and issues an order of Divorce Nisi, granting custody of the four children to the petitioner and costs to the petitioner.
Facts
Petitioner and Respondent were married in 1985 under customary law. They had four children. Respondent left home in February 2002 and was cruel to petitioner, assaulting her and the children multiple times. He did not maintain the family and did not pay school fees. He was also having relationships with other women.
Issues
- Dissolution of marriage
- Custody of four children
- Maintenance of children
Reasoning
The court found evidence of cruelty and lack of maintenance, leading to the conclusion that the marriage has irretrievably broken down.
Outcome
Divorce Nisi granted, custody of four children awarded to petitioner, costs awarded to petitioner.
Orders
- Order of Divorce Nisi
- Grant of custody of four children to petitioner
Remedies
- Costs awarded to petitioner
Authorities cited
Legislation (1)
- African Christian Marriage and Divorce Act
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