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L.N.G v S.M.M [2008] KEHC 2019 (KLR)

[2008] KEHC 2019 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2019
Citation
[2008] KEHC 2019 (KLR)
Decided
30 June 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks divorce on grounds of desertionCoramM.S.A. MAKHANDIA, MARY KASANGO
Holding

The court grants the petitioner a divorce on the ground of desertion

Facts

Petitioner and respondent were married in 1975 and have four children. Since 1988, there has been no peace in the marriage. In 1997, the respondent left the matrimonial home and went to the UK. The petitioner filed for divorce in 2006.

Issues

  1. Whether the petitioner can obtain a divorce on the ground of desertion
  2. Whether the respondent's actions justify the petitioner's claim of desertion

Reasoning

The respondent deserted the petitioner without cause and for a period of at least three years, leading to the dissolution of the marriage.

Outcome

The marriage is dissolved, and a decree Nisi is issued to the petitioner.

Orders

  • A decree Nisi shall issue to the petitioner to be made absolute within the stipulated period of time

Authorities cited

Legislation (1)
  • Matrimonial Causes Act
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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