GS v BKD [2018] KEKC 16 (KLR)

REPUBLIC OF KENYA

IN THE KADHI’S COURT AT MARSABIT

SUCCESSION CASE NO. 50 OF 2018

GS...................PETITIONER

VS

BKD..............RESPONDENT

JUDGEMENT

This case was filed on 16/11/2018 by the plaintiff female adult praying for dowry and divorce against the respondent her husband who objected.

The case was heard first on 27/11/18 where the parties were referred for Alternative Dispute Resolution which was fruitless. The next hearing was on 4/12/18 where the plaintiff insist for the divorce and refused categorally to return back to the respondent at all.   The respondent wanted to have his family back.

The respondent claim for his belongings of same household, bed, sufurias, gas, some clothes, documents and cash amount Kshs. 25,000/= of which the plaintiff denied and the respondent had no witness to that of which the plaintiff took a denial of as she had never taken away respondent belonging.

The plaintiff admitted she was paid her dower of Quran.  In the final submission the plaintiff was still insisting on divorce where the respondent had no alternative on the same but to pronounce divorce.  Therefore, the claim of this case was on the dower and divorce where the respondent admitted a dower of Quran was paid and the respondent pronounced the divorce.

Therefore, the prayer of this case has been granted accordingly and there is nothing to be decided by this court.

Costs of this case to be shared.

M.A MAHMOUD

4/12/2018

Read before the parties this 4/12/2018 at 10. 00am.

M.A MAHMOUD

4/12/2018

Appeal within 20 days from today.

M.A MAHMOUD

4/12/18