11 Jul 2007
ANQUANDAH AND ANOR V ATTORNEY GENERAL OF NZ HC AK CIV 2004-404-7230
- Citation
- openlaw-b0215d66_4f6e_4a19_bfda_a9ccc5b91e3f.pdf
- Court
- High Court
The application for a declaratory judgment was refused because the applicants failed to prove on the balance of probabilities that the child had been validly adopted under Ghanaian law and that the statutory requirements of s 17(2) were met; the Ghanaian court order was declaratory/confirmatory and not an adoption order capable of invoking the s 17(2A) evidentiary presumption, and material defects (notably the absence of the natural mother's consent and multiple documentary inconsistencies) undermined proof of a lawful customary adoption.