Judgment[2000] KEHC 211
Case law
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Division and case type: Constitutional and Human RightsPetition
…The law is that desertion as a matrimonial offence can indirectly be committed by the spouse who through intolerable conduct causes the other to leave home and not necessarily by the one who leaves the matrimonial home.…
…I find that the husband did cause the Petitioner/Wife to leave the matrimonial home and therefore the husband/respondent is the one guilty of desertion.…
Division and case type: Constitutional and Human RightsPetition
…The ingredients for the offence of desertion are set out in the case of P C Patel v L P Patel [1965] EA 560. The onus is on the person who alleges it and in this case it is the respondent.…
…The Court therefore finds that the husband is guilty of constructive desertion. The husband has asked for custody of the two children.…
Division and case type: Constitutional and Human RightsPetition
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: CivilCivil Case
…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…