[2004] KEHC 2485 (KLR)
The court found that the applicants, who are the child's uncle and aunt, have cared for the child for approximately seven years following the death of her father and the remarriage of her mother. The applicants have demonstrated their fitness and suitability to adopt the child. The court is satisfied that the...
Source-derived case information.
- Citation
- [2004] KEHC 2485 (KLR)
- Parties
- Applicant: Applicants (Husband and Wife); Respondent: Krishnaben Jadavji Khetani
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 23 of 2003
- Procedural Posture
- Adoption Order / Ruling
- Outcome
- Adoption granted.
- Legal Topics
- Adoption Procedure, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants (Husband and Wife)
Applicant
Krishnaben Jadavji Khetani
Respondent
Procedural Posture
Adoption Order / Ruling
Legal Issues
- 1 Whether the applicants are fit and proper persons to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, who are the child's uncle and aunt, have cared for the child for approximately seven years following the death of her father and the remarriage of her mother. The applicants have demonstrated their fitness and suitability to adopt the child. The court is satisfied that the adoption is in the best interests of the child and grants the application as prayed. Additionally, Pareshkumar Nanji Jetha is appointed as guardian of the child until she attains the age of 18 years.
Court Disposition
Adoption granted.
Orders
- The application for adoption is granted as prayed.
- Pareshkumar Nanji Jetha is appointed guardian of the child until she attains the age of 18 years.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE MATTER OF: ADOPTION ORDER A N D IN THE MATTER OF: ADOPTION OF KRISHNABEN JADAVJI KHETANI R U L I N G The Applicants are husband and wife. The child’s natural father who is now deceased was a brother to the proposed foster father. The child’s natural mother after the death of her husband married and is residing in Dubai. The child has for now about 7 years been staying with the Applicants. The proposed foster father is a contractor. I am satisfied that the applicants are proper and fit people to adopt the child and I therefore grant the application for adoption as prayed. Pareshkumar Nanji Jetha is hereby appointed guardian of the child until she attains the age of 18 years. I direct that a copy of this order shall be served upon the Registrar General and the Registrar of Births for their necessary actions as provided in the Children’s Act. DATED this 23rd day of February 2004. D.K. Maraga Ag. JUDGE