O O A v H O OK [2014] KEHC 6046 (KLR)
- Court
- High Court of Kenya
- Case number
- 6046
- Citation
- [2014] KEHC 6046 (KLR)
- Decided
- 21 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Petition for Divorce and Custody, Respondent's Cross-Petition for DivorceCoramL. KIMARU
Holding
The court granted the Petitioner's petition for divorce and ordered the Respondent to contribute to the maintenance of the children. The court also ordered the Respondent to grant the Petitioner exclusive occupation of Apartment No.B3, Lantana Gardens.
Facts
The Petitioner and Respondent were married on June 26, 1992, and had two children. They were separated in January 2008, and the Petitioner alleged the Respondent committed cruelty and adultery, while the Respondent denied these allegations and accused the Petitioner of cruelty.
Issues
- Whether the marriage has irretrievably broken down
- Custody of the children
- Maintenance of the children
- Exclusive occupation of an apartment
Reasoning
The court found that the marriage had irretrievably broken down due to the Petitioner's allegations of cruelty and the Respondent's denial of these allegations.
Outcome
Granted Petitioner's Petition for Divorce
Orders
- Divorce granted to Petitioner
- Respondent to contribute to the maintenance of the children
- Respondent to grant Petitioner exclusive occupation of Apartment No.B3, Lantana Gardens
Remedies
- Maintenance of the children
- Exclusive occupation of an apartment
Authorities cited
Legislation (1)
- Marriage 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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