in the matter of an application for an adoption by francesca reggiani vs in the matter of delfina george lunyali 2014 tzhc 2319 15 december 2014

in the matter of an application for an adoption by francesca reggiani vs in the matter of delfina george lunyali 2014 tzhc 2319 15 december 2014

The application was struck out for failure to cite the relevant provisions of law, rendering it incompetent, and for procedural irregularities regarding the appointment of Guardian Ad Litem and submission of the Social Investigation Report.

Citation
in the matter of an application for an adoption by francesca reggiani vs in the matter of delfina george lunyali 2014 tzhc 2319 15 december 2014
Parties
Petitioner: Francesca Reggiani; Infant Child: Delfina George Lunyali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2014
Procedural Posture
Miscellaneous Civil Cause (adoption) / Ruling on Preliminary/procedural Defects
Outcome
Application struck out as incompetent
Legal Topics
Adoption Procedure, Guardian Ad Litem Appointment, Proper Citation of Legal Provisions
Source Language
English
Family Law Child Law Adoption Procedure Guardian Ad Litem Appointment Proper Citation of Legal Provisions

Case Brief

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Parties

Francesca Reggiani

Petitioner

Delfina George Lunyali

Infant Child

Procedural Posture

Miscellaneous Civil Cause (adoption) / Ruling on Preliminary/procedural Defects

Legal Issues

  1. 1 Whether the application for appointment of Guardian Ad Litem and adoption was properly before the court
  2. 2 Whether the Social Welfare Officer could act without formal appointment by the court
  3. 3 Whether failure to cite the correct legal provisions renders the application incompetent

Ratio Decidendi

The application was struck out for failure to cite the relevant provisions of law, rendering it incompetent, and for procedural irregularities regarding the appointment of Guardian Ad Litem and submission of the Social Investigation Report.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs