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S N K v. M S K

(2006) JELR 95240 (CA)

Court of Appeal  •  Civ Appli 189 of 2005  •  13 Oct 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The applicant in this notice of motion, S N K, and the respondent, M S K, were married on 16th March, 1974 at the Shree Mombasa Lohana Mahajan temple. They then moved to Nairobi and lived at various places within Nairobi. Their marriage was blessed with three children, the first of whom was a son and is now an adult. The second child is deceased and the third child is a daughter now aged 17 years and still in school. Her name is M. The two lived as husband and wife till 15th July, 1997 when the respondent filed Divorce Cause No. 6 of 1997 in the superior court. The divorce cause was heard by the late Patel, J and on 18th February, 1999, a decree nisi was granted. About four months later, to be precise, on 14th June, 1999, a decree absolute was granted. The applicant cohabits with another woman whereas the respondent lives alone. The daughter is in school but otherwise she lives with the respondent. From the record, the learned Judge of the superior court (Patel, J) …

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