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A A C v H S A [2005] KEHC 2000 (KLR)

[2005] KEHC 2000 (KLR) High Court of Kenya
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Court
High Court
Case number
2000
Citation
[2005] KEHC 2000 (KLR)
Decided
21 July 2005
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorceCoramG. B. M. KARIUKI
Holding

The court allows the Petition on the ground that desertion on the part of the Respondent has been proved.

Facts

The marriage between A A C and H S A lasted four years, during which they had two children. The Respondent had prior children, and the marriage ended with the Respondent leaving the matrimonial home without cause.

Issues

  1. desertion
  2. alleged adultery
  3. alleged cruelty

Reasoning

The court found that the Respondent left the matrimonial home without cause and without justification, constituting desertion. The court also found that the evidence of desertion was cogent.

Outcome

Petition allowed

Orders

  • Decree nisi will issue forthwith
  • Two thirds of future school fees of KT be borne by the Petitioner
  • Each party shall bear its own costs in this cause
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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