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Tanzania Judgment

TANZLII

Abram Mathew Kidd

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Research organized from the available case record

Source document

01

Holding and result

Section 71(1) of the Law of the Child Act empowers the court to amend its adoption order to correct errors in particulars, and the court found sufficient grounds to amend the child's middle name from DICKSON to DIXON.

Court disposition

Application granted

Orders

  • The middle name of the adopted child in Adoption Petition Reference No. 202411111000028297 is amended to read as DIXON instead of DICKSON.
  • The letter 'D' in the short form 'K J D K' refers to DIXON.

02

Material facts

Parties

Abram Mathew Kidd

Applicant Counsel: Silas John

Ashby Eileen Rauch Kidd

Applicant Counsel: Silas John

Registrar-General

Respondent

03

Procedural history

  1. Posture

    Misc. Civil Application / Ruling on Application for Amendment of Adoption Order

04

Questions and positions

Legal issues

Whether the court can amend an adoption order to correct an error in the particulars of the adopted child's name

Party arguments

Applicant
The applicants requested amendment of the adopted child's middle name from DICKSON to DIXON, citing best interests of the child and potential challenges in their countries of origin.
Respondent
No formal respondent argument recorded.

05

Court’s reasoning

  1. 01

    Section 71(1) of the Law of the Child Act, R.E 2019

    The court may amend an adoption order by correcting any error in the particulars upon application by the adoptive parent or adopted child.

06

Ratio, limits and disposition

Ratio decidendi

Section 71(1) of the Law of the Child Act empowers the court to amend its adoption order to correct errors in particulars, and the court found sufficient grounds to amend the child's middle name from DICKSON to DIXON.

Court disposition

Application granted

  • The middle name of the adopted child in Adoption Petition Reference No. 202411111000028297 is amended to read as DIXON instead of DICKSON.
  • The letter 'D' in the short form 'K J D K' refers to DIXON.

Source and reliance status

TANZLII · 19 December 2024

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 19 December 2024

Abram Mathew Kidd

IN THE HIGH COURT OF TANZANIA

MUSOMA SUB REGISTRY

AT MUSOMA MISC. CIVIL APPLICATION NO. 0000000637 OF 2025 REFERENCE NO. 2025011010000000637 (Arising from the Adoption Petition Ref No. 202411111000028297, High Court of Tanzania at Musoma, Before Hon. Komba, J) IN THE MATTER OF THE LAW OF THE CHILD ACT, R.E 2019

AND

IN THE MATTER OF AN APPLICATION FOR AMENDEMENT

ADOPTION ORDER BY ADOPTIVE PARENTS

ABRAM MATHEW KIDD AND ASHBY EILEEN RAUCH KIDD

RULING 07th & 07th February, 2025 M. L. KOMBA, J.: On 19th day of December 2024 this court issued a ruling on adoption petition with reference No. 202411111000028297 and consequently granted the application in favor of the petitioners ABRAM MATTHEW KIDD and ASHBY EILEEN RAUCH KIDD in respect of the child, DKR. The court further made among other orders, the following two order for compliance in respect of the said adoption; Page 1 of 4 1. The adoption order for the child D K R is hereby granted to the petitioners.

2. That, the child will henceforth be known as KJ DK instead ofDKR. On the same date, the court made a separate order to reveal the names of the adopted child which was withheld in its Ruling. On the revealing order the court announced the middle name from the short form of K J D K as DICKSON. After receiving that order, the applicants found the names of the child appear different from what they prayed in their Petition and hence this application for amendment of the court order dated 19th December 2024. The applicants move this court through their application which was made under Section 71(1) of the Law of the Child Act and Rule 29 of the Adoption of the Child Regulations, GN. No. 197 of 2011. Thus, the applicants beseeching to amend the middle name of the adopted child to appear as DIXON and not DICKSON. Today in this court the applicants enjoy the legal service of the learned counsel Mr. Silas John. In his submission the advocate for the applicant prayed to adopt the prayers made in the chamber summons and its supported affidavit. He further submitted shortly that, for the best interest of the child and where the adopted parents coming from (countries of Page 2 of 4 origin) the name DICKSON can pose a challenge, therefore they wish the name to appear as DIXON. After going through the affidavit and submission of Mr. Silas John I agree with the submission of the counsel that,

there is an order of this court dated 19th December 2024 emanating from the Ruling of the adoption petition of the said child and the order revealed the middle name as DICKSON instead of DIXON. I perused section 71(1) of the Law of the Child and rule 29 of the Adoption of the Child Regulations, and find that Rule 29 has no much to say on amendment of the order rather it allows the applicability of Civil Procedure Code in the Proceedings, on the other hand section 71(1) is the one that empowers this court to make amendment of its order, the section states; 'The court by which an adoption order has been made under this Act may, on the application of the adoptive parent or adopted child, amend the order by the correction of any error in the particulars; and where an adoption order is so amended, the Court shall cause the amendment to be communicated in the prescribed manner to the Registrar-General.' Therefore, there is no doubt that the court can amend its order by correcting any error in the particulars or otherwise as it is seen in the Page 3 of 4 provided section. I am going forward to amend the name revealing order in Adoption Petition, Reference No. 202411111000028297 to the extent of the middle name of the adopted child to appear and read as DIXON instead of DICKSON as it appeared in the said order, therefore the letter D' in the short form of 'K J D K' as it appears in the adoption ruling of 19th day of December 2024 means DIXON. It is so ordered. DATEDz^MjSOMA this 07th day of February, 2025. M. L. KOMBA Judge This Ruling was delivered in Chambers under the Seal of this Court in the presence of the Mr. Silas John, advocate for the applicants. uv M. L. KOMBA Judge 07th February, 2025 Page 4 of 4

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Law of the Child Act, R.E 2019, Section 71(1)

Legislation

Legislation referenced in the available case record.

Adoption of the Child Regulations, GN. No. 197 of 2011, Rule 29

Legislation

Legislation referenced in the available case record.

Civil Procedure Code

Legislation

Legislation referenced in the available case record.

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