P G v G F [2014] KEHC 3122 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MALINDI

DIVORCE CAUSE NO. 9 OF  2013

IN THE MATTER OF THE MARRIAGE ACT (CAP 150)

AND

IN THE MATTER OF THE MATRIMONIAL CAUSES ACT (CAP 152)

P G…................................................PLAINTIFF

VERSUS

G F …...........................................DEFENDANT

JUDGEMENT

PG and GF got married on 27th October, 1986 and they cohabited as a couple in Malindi for 3 months only. The marriage according to the Petitioner, PG, was never consummated due to the willful refusal by the Respondent, GF, who presently resides in Italy having deserted the Petitioner. Subsequently, on 22nd February, 1987 the Respondent allegedly advised the Petitioner to move to court to annul the union as she was no longer interested in marriage. The Petitioner therefore seeks annulment of the marriage.

The suit proceeded as an undefended cause as the Respondent did not file any response, despite service, which she acknowledged. The Petitioner during the hearing adopted his statement as filed in court on 29. 10. 13. The details therein support the averments in his petition. Attached thereto are a letter and an affidavit by the Respondent confirming that no consummation took place between the couple and that she was no longer interested in the marriage.

That evidence is not controverted. I must find that the Petitioner is entitled to the relief he now seeks. The Petition is allowed. Each party will bear own costs.

Delivered and signed this  7th day of       July,   2014

In the presence of Ms. Otieno for the Petitioner.

C. W. Meoli

JUDGE