Misc Application 58 of 2012

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G V D F v R N W [2015] eKLR

Case Metadata
Case Number:	Misc Application 58 of 2012
Parties:	G V D F v R N W
Date Delivered:	06 Feb 2015
Case Class:	Civil
Court:	High Court at Nairobi (Milimani Law Courts)
Case Action:	Ruling
Judge(s):	George Benedict Maina Kariuki
Citation:	G V D F v R N W [2015] eKLR
Advocates:	Wycliffe advocate, of M/s Kitheka & Co. Advocates for the applicant
Court Division:	Family
County:	Nairobi
Advocates:	Wycliffe advocate, of M/s Kitheka & Co. Advocates for the applicant
History Advocates:	One party or some parties represented
Case Outcome:	Application Allowed
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

AT NAIROBI

FAMILY DIVISION

MISC. APPLICATION NO. 58 OF 2012

G V D F………….………………………………APPLICANT

R N W……………………….………………RESPONDENT

RULING

Regrettably, the court file relating to this miscellaneous application was misplaced and as a result, this ruling could not be delivered as scheduled.

The applicant sought in his originating summons dated 2^nd May 2012 for an order to file a petition in the divorce registry at Nairobi for dissolution of his marriage to R N W which was solemnized on July 28^th, 2011 notwithstanding that the period of three years had not elapsed since the date of solemnization of the said marriage.

The period of three (3) years has now elapsed since the marriage was solemnized and the applicant is entitled in law to petition for divorce without leave of the court. This makes leave unnecessary.

The effluxion of time has also rendered the ruling superfluous.

G.B.M. KARIUKI, SC

JUDGE

Delivered at Milimani Law Courts, Nairobi, on this 6^th day of February 2015 by the Honourable Justice W. Musyoka on behalf of Justice G.B.M. Kariuki.

JUDGE

COUNSEL APPEARING

Mr. Wycliffe advocate, of M/s Kitheka & Co. Advocates for the applicant No appearance for the respondent

Court clerk – Mr. Wahinya Kugwa

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Misc Application 58 of 2012

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