CKB v MSB (Divorce Cause E1076 of 2021) [2023] KEMC 22 (KLR) (21 November 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 22
- Citation
- [2023] KEMC 22 (KLR)
- Decided
- 21 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for Divorce Proceeded DefendedCoramJP Aduke, SRM
Holding
The court allows the petition for divorce on the following terms: the marriage between the two be and is hereby dissolved, Decree nisi do issue to be made absolute in 30 days, each party to bear their own costs, and the file is closed.
Facts
CKB and MSB solemnized their marriage in Kenya on 17th July 1993. Both parties are domiciled in Kenya but reside in different countries. They have no intentions of salvaging the marriage.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014
- Whether the irretrievable breakdown of the marriage is due to cruelty and irretrievable breakdown
Reasoning
The court considered the grounds of irretrievable breakdown of the marriage and cruelty, noting the high levels of antagonism between the parties and the absence of any intention to salvage the marriage.
Outcome
Granted
Orders
- The marriage between the two be and is hereby dissolved
- Decree nisi do issue to be made absolute in 30 days
- Each party to bear their own costs
- File Closed
Authorities cited
Legislation (2)
- The Marriage Act, 2014
- s.65 of the Act (dissolution of Christian Marriages)
Cases cited (2)
- JSM vs ENB[2015]
- ROK v MJB [2017] eKLR
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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