[2017] KEHC 3819 (KLR)
The court declined to grant the application for leave to travel with the minor out of jurisdiction because the applicants have failed to prosecute the main adoption suit since 2006, despite previous grants of leave for similar purposes. The court found that continued piecemeal applications for leave, without...
Source-derived case information.
- Citation
- [2017] KEHC 3819 (KLR)
- Parties
- Applicant: Applicants; Respondent: Baby A L J (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2006
- Procedural Posture
- Adoption Cause / Ruling on Interlocutory Application for Leave to Travel With Minor Out of Jurisdiction
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Leave to Remove Child, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants
Applicant
Baby A L J (Minor)
Respondent
Procedural Posture
Adoption Cause / Ruling on Interlocutory Application for Leave to Travel With Minor Out of Jurisdiction
Legal Issues
- 1 Whether the applicants should be granted leave to travel with the minor out of the court's jurisdiction pending determination of the main adoption suit.
- 2 Whether the continued piecemeal applications for leave constitute an abuse of court process.
Ratio Decidendi
The court declined to grant the application for leave to travel with the minor out of jurisdiction because the applicants have failed to prosecute the main adoption suit since 2006, despite previous grants of leave for similar purposes. The court found that continued piecemeal applications for leave, without substantive progress in the main suit, amounted to an abuse of the court process. The proper course is for the applicants to focus on concluding the main adoption proceedings, which would obviate the need for repeated applications for leave. Accordingly, the application dated 14th July 2017 was disallowed.
Court Disposition
application dismissed
Orders
- The application dated 14th July 2017 for leave to travel with the minor out of jurisdiction is disallowed.
- The applicants are advised to prosecute and dispose of the main adoption suit.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 4 OF 2006
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY A L J (MINOR)
RULING
1. The application dated 14th July 2017 seeks court’s leave to allow the applicants’ travel with the minor out of jurisdiction.
2. I have perused the court record herein. This adoption cause has been pending since 2006. It should have been finalised by now. I have noted that Muchelule J. rendered a judgment on 27th November 2014 where he declined to grant the adoption orders on grounds that there were gaps in the matter. Since then nothing substantive has been done to achieve compliance.
3. The applicants have since 2010 been taking the child out of jurisdiction with leave of court. I see that leave was granted on 30th July 2010 and 15th July 2013.
4. However, given the state of affairs that obtain todate, the failure by the applicants to bring this matter to an end through prosecution thereof, I do not think it would be prudent to grant the orders sought. Let the applicants prosecute the main suit. That way it will be unnecessary to keep coming to court for leave to remove the child out of the jurisdiction. I am inclined to hold that there is a sense here that the court process is being abused.
5. I shall accordingly disallow the application dated 14th July 2017. The applicants are advised to put their energies to disposing of the main suit. Orders accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 31ST DAY OF JULY, 2017.
W. MUSYOKA
JUDGE