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R.W V. H.C.B

(2010) JELR 96564 (CA)

Court of Appeal  •  Divorce Cause 39 of 2009  •  7 May 2010  •  Kenya

Coram
M. ODERO

Judgement

JUDGEMENT

Before court is the Petition dated 1st July 2009 by which the Petitioner R.W seeks the following orders –

“(a) THAT the marriage between the Petitioner and the Respondent be dissolved and Petitioner be separated from the Respondent forthwith

(b) THAT the costs of this cause be borne by the Respondent

(c) Any other relief this Honourable Court may deem fit and just to grant”

The Petition was filed in this court on 2nd July 2009. Thereafter Notice to enter appearance was duly filed on the Respondent H.C.B, and on 31st July 2009 the firm of Opullu and Company Advocates did come on record for the Respondent. However despite entering appearance the Respondent did not file any answer to the Petition. On 30th June 2009 Hon. Justice Sergon did grant to the Petitioner leave to file his petition notwithstanding the fact that three (3) years had not elapsed since the celebration of his marriage to the Respondent. The matter than proceeded before me by way of Viva Voce evidence on 18th Mar…

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