Judgment
Case law
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Division and case type: Constitutional and Human RightsPetition
…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…
…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…
Division and case type: Constitutional and Human RightsPetition
…The grounds on which the Court may make a decree of nullity of marriage include the willful refusal of the Respondent to consummate the marriage and the fact that consent of the Petitioner to the marriage was obtained by…
…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…
Division and case type: CriminalCriminal Appeal
…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…
Division and case type: CivilCivil Appeal
…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…