Kenya (2006), High Court at Nairobi
Esther Nangwanaa Nandi v. Jones Chewe Bobo
[2006] eKLR , Divorce cause 84 of 2005
The appellant sought the dissolution of her marriage on the grounds of cruelty; the respondent assaulted her, locked her out of their matrimonial home, and forced her to have sex with him while he was drunk. The Court found that the petitioner’s testimony was believable, and therefore dissolved the marriage.
“From her uncontroverted testimony it is proved that the acts of cruelty were of very serious nature and caused danger to her life and health. They are definitely those acts which could not be accepted as a wear and tear of a married life and of living together in thick and thin. They are also not isolated incidents. In the premises I do find that the Respondent is guilty of acts of cruelty and adultery and thus the Petitioner is entitled to have an order of dissolution of the marriage.” (Quoted form Original Judgment)
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