C.C v D.J.M.N [2009] KEHC 93 (KLR)
- Court
- High Court of Kenya
- Case number
- 93
- Citation
- [2009] KEHC 93 (KLR)
- Decided
- 29 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePostureApplication to strike out divorce petitionCoramN.R.O. OMBI
Holding
The petition is struck out as it was presented prematurely and the grounds are remote.
Facts
The plaintiff filed a petition for divorce on February 13, 2006, and a reply on April 24, 2006. Two years later, the plaintiff has not taken any steps to prosecute the divorce cause.
Issues
- Whether the petition was presented prematurely
- Whether the grounds for divorce are remote
Reasoning
The court found the petition premature as it was filed before the three-year period required by the Matrimonial Causes Act. The grounds for divorce are also deemed remote.
Outcome
The petition is struck out
Orders
- Petition struck out
Remedies
- Each party to bear their own costs
Authorities cited
Legislation (1)
- Matrimonial Causes Act (Cap 152) Laws of Kenya
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.
Loading judgment…