[2024] KEHC 6659 (KLR)

[2024] KEHC 6659 (KLR)

The court found that the application for adoption had been overtaken by events, as the subject child, D.G.W., would now be an adult regardless of the exact date of birth. Since the application was not prosecuted and the subject is no longer a minor, the court dismissed the application for want of prosecution and...

Source-derived case information.

Citation
[2024] KEHC 6659 (KLR)
Parties
Applicant: PY
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Adoption Cause 156 of 2003
Procedural Posture
Adoption Cause / Ruling
Outcome
application dismissed for want of prosecution; file closed
Judges
RE Aburili
Legal Topics
Adoption Procedure, Dismissal for Want of Prosecution
Source Language
en
Family and Children Adoption Procedure Dismissal for Want of Prosecution

Source-derived case record

Summary, issues, holding and outcome

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Parties

PY

Applicant

Procedural Posture

Adoption Cause / Ruling

Legal Issues

  1. 1 Whether the application for adoption should be granted in light of the passage of time and the current age of the subject.

Ratio Decidendi

The court found that the application for adoption had been overtaken by events, as the subject child, D.G.W., would now be an adult regardless of the exact date of birth. Since the application was not prosecuted and the subject is no longer a minor, the court dismissed the application for want of prosecution and closed the file.

Court Disposition

application dismissed for want of prosecution; file closed

Orders

  • The application for adoption dated 1st July 2003 is dismissed for want of prosecution.
  • The file is closed.