DS v AB (Adoption Cause 2 of 2017) [2017] MWHC 94 (23 June 2017)

DS v AB (Adoption Cause 2 of 2017) [2017] MWHC 94 (23 June 2017)

Filing a second adoption petition at the Principal Registry while a similar petition is pending at Zomba Registry constitutes judge shopping and abuse of court process; procedural irregularities and suppression of material facts warrant striking out the petition.

Citation
[2017] MWHC 94
Parties
Petitioner: DS; Respondent: AB
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
23 June 2017
Case Number
Adoption Cause 2 of 2017
Procedural Posture
Adoption Cause / Ruling on Ex Parte Summons for Abridgement of Time and Petition
Outcome
petition struck out; ex parte summons dismissed
Legal Topics
Adoption, Abuse of Process, Procedural Irregularity
Source Language
English
Family Law Adoption Abuse of Process Procedural Irregularity

Case Brief

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Parties

DS

Petitioner

AB

Respondent

Procedural Posture

Adoption Cause / Ruling on Ex Parte Summons for Abridgement of Time and Petition

Legal Issues

  1. 1 Whether the petition for adoption at the Principal Registry is procedurally proper given a pending petition at Zomba Registry
  2. 2 Whether lodging a guardian ad litem report before appointment is irregular
  3. 3 Whether suppression of material facts regarding previous proceedings constitutes abuse of process

Ratio Decidendi

Filing a second adoption petition at the Principal Registry while a similar petition is pending at Zomba Registry constitutes judge shopping and abuse of court process; procedural irregularities and suppression of material facts warrant striking out the petition.

Court Disposition

petition struck out; ex parte summons dismissed

Orders

  • Petition at Principal Registry struck out for abuse of process.
  • Ex parte summons for abridgement of time dismissed.