[2018] KEHC 5725 (KLR)
The court found that the pleadings and supporting documents referred to the child by different names, creating inconsistency in the child's identification. To ensure that the adoption process is legally sound and that the identity of the child is clear and unambiguous, the court directed the applicant to amend the...
Source-derived case information.
- Citation
- [2018] KEHC 5725 (KLR)
- Parties
- Applicant: Applicant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2015
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
- Outcome
- Application stood over for amendment of pleadings; conditional dismissal if not complied with.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Pleadings Amendment, Child Identity, Adoption Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Procedural Posture
Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
Legal Issues
- 1 Whether the pleadings properly identify the child subject to the adoption application.
- 2 Whether the pleadings should be amended to reflect all names of the child as per the supporting documents.
Ratio Decidendi
The court found that the pleadings and supporting documents referred to the child by different names, creating inconsistency in the child's identification. To ensure that the adoption process is legally sound and that the identity of the child is clear and unambiguous, the court directed the applicant to amend the pleadings to include all names by which the child is identified in the evidence. The court held that failure to do so within sixty days would result in the dismissal of the application and the return of the child to the institution, as the current state of the pleadings precludes the issuance of a final judgment.
Court Disposition
Application stood over for amendment of pleadings; conditional dismissal if not complied with.
Orders
- Applicant to amend pleadings within sixty (60) days to reflect all names of the child as per the documents.
- In default, the Originating Summons dated 21st January 2016 shall stand dismissed.
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. 8 OF 2015
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY H T alias A M
RULING
1. The pleadings herein seek adoption orders for a child known as H T.
2. I have perused through the papers lodged herein by the adoption agency arranging the adoption, Little Angels Network. I have noted that some of the documents relate to a child known as H T, while others refer to a child called H N.
3. All these names constitute the identity of the child in question, and the pleadings must refer to all three so as to be in sync with the documents put in evidence.
4. As it is, I am unable to draft the judgement to finalise the matter.
5. I shall give the applicant sixty (60) days to cause the pleadings to be amended accordingly, in default of which the Originating Summons dated 21st January 2016 shall stand dismissed, in which case the child shall be returned to the institution from which she was placed with the applicant..
DATED, SIGNED and DELIVERED at NAIROBI this 14TH DAY OF JUNE, 2018.
W. MUSYOKA
JUDGE