GN & Anor v ML & Anor (XP 115/2019) [2020] SCSC 458 (26 February 2020)

GN & Anor v ML & Anor (XP 115/2019) [2020] SCSC 458 (26 February 2020)

The court lacks jurisdiction to grant the adoption order because the child to be adopted is not residing in Seychelles as required by section 34(2) of the Children Act.

Citation
[2020] SCSC 458
Parties
Applicant: G; Applicant: M; Respondent: L; Respondent: Attorney General (in its capacity as Ministere Publique)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 February 2020
Case Number
XP 115/2019
Procedural Posture
Adoption Application / Ruling on Point of Law
Outcome
application dismissed
Legal Topics
Adoption, Jurisdiction
Source Language
English

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Parties

G

Applicant

M

Applicant

L

Respondent

Attorney General (in its capacity as Ministere Publique)

Respondent

Procedural Posture

Adoption Application / Ruling on Point of Law

  1. 1 Whether the court has jurisdiction to grant an adoption order when the child is not residing in Seychelles

Ratio Decidendi

The court lacks jurisdiction to grant the adoption order because the child to be adopted is not residing in Seychelles as required by section 34(2) of the Children Act.

Court Disposition

application dismissed

Orders

  • Joint adoption application is dismissed for lack of jurisdiction.