[2024] KEHC 14143 (KLR)
The court found that the chamber summons was defective because the proposed guardian's affidavit and consent were undated, making it impossible to ascertain when they were sworn or given. Additionally, the originating summons was supported by an affidavit dated in the future, which is procedurally improper and...
Source-derived case information.
- Citation
- [2024] KEHC 14143 (KLR)
- Parties
- Applicant: Geofrey Aura Asikoyo; Applicant: Elizabeth Amondi Agutu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E010 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Preliminary Application
- Outcome
- applications struck out
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Defective Pleadings, Affidavit Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Aura Asikoyo
Applicant
Elizabeth Amondi Agutu
Applicant
Procedural Posture
Adoption Cause / Ruling on Preliminary Application
Legal Issues
- 1 Whether the chamber summons and originating summons are fatally and incurably defective due to undated affidavits and future-dated supporting affidavits.
Ratio Decidendi
The court found that the chamber summons was defective because the proposed guardian's affidavit and consent were undated, making it impossible to ascertain when they were sworn or given. Additionally, the originating summons was supported by an affidavit dated in the future, which is procedurally improper and renders the application incurably defective. As both applications suffered from fatal procedural defects, the court struck them out in their entirety.
Court Disposition
applications struck out
Orders
- The chamber summons and originating summons are struck out as fatally and incurably defective.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
In re Adoption of PM aka EB (Adoption Cause E010 of 2024) [2024] KEHC 14143 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14143 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E010 of 2024
MS Shariff, J
November 8, 2024
IN THE MATTER OF ADOPTION OF: PRECIOUS MUSIMBI AKA ELYSE BUNAYI
In the matter of
Geofrey Aura Asikoyo
1st Applicant
Elizabeth Amondi Agutu
2nd Applicant
Ruling
1. I have perused the chamber summons dated 11th October 2024, the affidavit by Laura Anzenza the proposed guardian, her consent, both undated, the supporting affidavit of Geofrey Aura Asikoyo and Elizabeth Amondi Agutu sworn jointly on 14th October 2024, the originating summons dated 11th October 2024, the affidavit of means of the Applicants Geoffrey Asikoyo and Elizabeth Amondi Agutu sworn jointly on 14th October 2024 and I do find that the two applications are fatally and incurably defective for reason that in the chamber summons it is unknown as to when the proposed guardian Laura Anzenza swore her affidavit and gave her consent, whilst as regards the originating summons the same is supported by a future affidavit.
2. Premised upon the finding made hereinabove I do find that the application herein and the originating summons are fatally and incurably defective wherefore I hereby strike the two applications out with no orders as to costs.
3. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8THDAY OF NOVEMBER, 2024. M. S. SHARIFFJUDGE