BB v CWM (Divorce Cause 98 of 1999) [2005] KEHC 2720 (KLR) (Family) (18 March 2005) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2720
- Citation
- [2005] KEHC 2720 (KLR)
- Decided
- 18 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought for order of dissolution of marriage, respondent cross-petitioned for divorceCoramMK KOOME
Holding
The decree of divorce is granted, the marriage is dissolved, and the decree nisi shall issue for a period of three (3) months
Facts
Petitioner and respondent were married on 27th May 1994 and resided at Hurlingham, Mbuthia Flats, Chania Road between 1994 to 1995. They moved to Matumbato Estate, Upper Hill until 1996. The respondent deserted the matrimonial home for a training program in Geneva for 8 months and later spent two years on UN assignments in Bosnia and Herzegovinia.
Issues
- Whether the petitioner has proven desertion and adultery to dissolve the marriage
- Whether the respondent's cross-petition for divorce should be considered
Reasoning
The court found that the petitioner has proven desertion and adultery, and the parties have been separated for more than three years prior to the filing of the petition.
Outcome
The decree of divorce is granted
Orders
- Decree of divorce is granted
- Decree nisi shall issue for a period of three (3) months
Remedies
- Each party shall bear their own costs
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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