[2018] KEHC 5955 (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 protect the interests of the child, the court held that all names must be included in...
Source-derived case information.
- Citation
- [2018] KEHC 5955 (KLR)
- Parties
- Applicant: Applicant; Respondent: Kenya Children’s Homes
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2016
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
- Outcome
- Application adjourned for amendment of pleadings; conditional dismissal if not amended within 60 days.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Pleadings Amendment, Child Identity Verification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Kenya Children’s Homes
Respondent
Procedural Posture
Adoption Cause / Interlocutory Ruling on Amendment of Pleadings
Legal Issues
- 1 Whether the pleadings accurately reflect the identity of the child sought to be adopted.
- 2 Whether the applicant should be granted time to amend the pleadings to align with the documentary evidence.
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 protect the interests of the child, the court held that all names must be included in the pleadings. The applicant was therefore granted sixty days to amend the pleadings to reflect all names, failing which the application would be dismissed and the child returned to the institution.
Court Disposition
Application adjourned for amendment of pleadings; conditional dismissal if not amended within 60 days.
Orders
- Applicant to amend pleadings within sixty (60) days to reflect all names of the child as per the documentary evidence.
- In default of amendment within sixty (60) days, 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. 4 OF 2016
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY C W
RULING
1. The pleadings herein seek adoption orders for a child known as C W.
2. I have perused through the papers lodged herein by the adoption agency arranging the adoption, Kenya Children’s Homes. I have noted that some of the documents relate to a child known as C W, while others refer to a child called C W G, and others W G.
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