[2024] KEHC 6811 (KLR)
The court found that the adoption application, filed in 2003 for the adoption of Daniella Riziki Regina as an infant, had lapsed due to the passage of 21 years, during which time the subject became an adult. The court held that the application could not be granted as the legal basis for adoption as a minor no longer...
Source-derived case information.
- Citation
- [2024] KEHC 6811 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Adoption Cause 224 of 2003
- Procedural Posture
- Miscellaneous Adoption Cause / Ruling
- Outcome
- application dismissed; file closed
- Judges
- MS Shariff
- Legal Topics
- Adoption Application, Lapse of Application, Adult Adoption, Affluxion of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Adoption Cause / Ruling
Legal Issues
- 1 Whether the adoption application can be granted after the subject has attained adulthood.
- 2 Whether the application has lapsed due to the passage of time.
Ratio Decidendi
The court found that the adoption application, filed in 2003 for the adoption of Daniella Riziki Regina as an infant, had lapsed due to the passage of 21 years, during which time the subject became an adult. The court held that the application could not be granted as the legal basis for adoption as a minor no longer existed, and therefore dismissed the application and closed the file.
Court Disposition
application dismissed; file closed
Orders
- The application is dismissed due to lapse of time.
- The file is marked as closed.
Full Case Text
Judgment text and source record
12 paragraphs
In re DRR (Miscellaneous Adoption Cause 224 of 2003) [2024] KEHC 6811 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6811 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Adoption Cause 224 of 2003
MS Shariff, J
May 31, 2024
Ruling
1. Whereas the Applicant herein approached this court by way of an originating summons dated 9th October, 2003 seeking to adopt one Daniella Riziki Regina, it is now 21 years down the line and the infant is now an adult wherefore this application has lapsed due to affluxion of time and I therefore dismiss it.
2. The file is marked as closed.
It is hereby so ordered.
Delivered, signed and dated at Kisumu this 31st day of May, 2024. M. S. ShariffJudgePage | 1