[2018] KEHC 5973 (KLR)
The court found that the pleadings were inconsistent with the documentary evidence regarding the identity of the child, as the child was referred to by three different names in various documents. To ensure procedural regularity and legal certainty, the court held that the pleadings must be amended to include all...
Source-derived case information.
- Citation
- [2018] KEHC 5973 (KLR)
- Parties
- Applicant: Applicant; Respondent: Buckner Kenya Adoption Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 19 of 2017
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
- Outcome
- Application adjourned for amendment of pleadings; conditional dismissal if not complied with.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Identity, Pleadings Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Buckner Kenya Adoption Services
Respondent
Procedural Posture
Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
Legal Issues
- 1 Whether the pleadings sufficiently identify the child subject to the adoption application.
- 2 Whether the pleadings should be amended to reflect all names used in the supporting documents.
Ratio Decidendi
The court found that the pleadings were inconsistent with the documentary evidence regarding the identity of the child, as the child was referred to by three different names in various documents. To ensure procedural regularity and legal certainty, the court held that the pleadings must be amended to include all names by which the child is identified in the evidence. The court granted the applicant sixty days to amend the pleadings accordingly, failing which the application would stand dismissed and the child returned to the institution.
Court Disposition
Application adjourned 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 of amendment within sixty (60) days, the Originating Summons dated February 2017 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. 19 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY J J Alias J M G
RULING
1. The pleadings herein seek adoption orders for a child known as J J alias J M G.
2. I have perused through the papers lodged herein by the adoption agency arranging the adoption, Buckner Kenya Adoption Services. I have noted that some of the documents relate to a child known as J J, while others refer to a child called J J, and others J I.
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 February 2017 shall stand dismissed, in which case the child shall be returned to the institution from which he was placed with the applicant..
DATED, SIGNED and DELIVERED at NAIROBI this 14TH DAY OF JUNE, 2018.
W. MUSYOKA
JUDGE