In the Matter of the Adoption Ordinance: Subject Infant Sharmin Jalalu 1986 TLR 218 (HC)

IN THE MATTER OF THE ADOPTION ORDINANCE: SUBJECT INFANT SHARMIN JALALU 1986 TLR 218 (HC)

Court High Court of Tanzania - Tabora

Judge Chipeta J

29th January, 1988. G

CIVIL CAUSE 1 OF 1986

Flynote

Family Law - Adoption - Subject infant of the female sex - Applicant of male sex and single - Whether adoption order may issue - Adoption Ordinance, Cap. 335, s.4(2). H

-Headnote

The applicant, an unmarried male applied for an adoption order in respect of a female subject infant. The Court considered whether or not special circumstances were present in this case to justify the making of an adoption order.

Held: There are special circumstances which justify as an exceptional measure the making of an adoption order: A the applicant is the elder brother of the infant; the parents of the infant are not in a position to provide the full welfare of the infant; the applicant has had custody of the infant for upward of two years and has looked after her education and general welfare very well.

Case Information

Application granted.

No case referred to.

Kwikima, for the applicant.

[zJDz]Judgment

Chipeta, J.: After carefully perusing the affidavits filed by the applicant, ALKARIM JALALU LADAK, and D both parents of the infant, namely, JALALU JUMA LADAK and DOULAT W/O JALALU LADAK; and after hearing the parents of the infant and Mr. Kwikima, learned counsel for the applicant; and further, after examining the infant, SHARMIN d/o JALALU, I am satisfied that this application has been made in good faith. The E applicant, I am satisfied, is of the requisite statutory age, that the consent of both parents aforementioned has been freely and voluntarily given, that the applicant has had, for upward of two years, the custody of the infant; F that the infant is willing and desirous of being adopted by the applicant, and that all the parties concerned understand the effects of an adoption order. On the basis of the foregoing, I am satisfied that the applicant is a fit person to be granted an Order of Adoption, and that such Order would be in the best interests of the infant's welfare. In the absence of special circumstances which justify as an exceptional measure, the making of an adoption order, the applicant would be precluded from obtaining an adoption order in this matter by the provisions of section 4(2) of the Adoption Ordinance, cap.335, in that he is the sole male applicant and the subject infant is of H the female sex.  

But after hearing learned counsel, the applicant, the parents of the infant and the infant herself, I am satisfied that there are special circumstances which justify as an exceptional measure the making of an Adoption Order in this case. These include the fact that the applicant is the elder brother of the infant; that the I parents of the infant, who have five other children, are not in a position to provide the full welfare of the infant, particularly as regards the education of the infant who has impressed me as being very intelligent; that the applicant has had custody of the infant for upward of two years and has looked after her A education and general welfare very well; and that he has an uncle who is liable to contribute to the support of the infant. For the foregoing reasons, I hereby grant this application on terms set out in the order below. B IN THE HIGH COURT OF TANZANIA AT TABORA IN THE MATTER OF THE ADOPTION ORDINANCE AND C H/C CIVIL CAUSE NO. 1/1986 IN THE MATTER OF SHARMIN JALALU ALKARIM JALALU LADAK - PETITIONER D Order Upon being satisfied that the applicant, ALKARIM JALALU LADAK, is a fit and proper person to adopt the infant, SHARMIN JALALU: E And upon being satisfied that all the requirements under the Adoption Ordinance have been complied with. It is hereby ordered that an Adoption Order be made in favour of the applicant, ALKARIM JALALU LADAK, F upon this condition, namely, that he shall adequately provide for the general welfare and education of the infant, SHARMIN JALALU, to the best of his ability, and shall to that end execute a bond in the sum of five hundred thousand shillings (T.Shs.500,000/=).

Order accordingly.

1986 TLR p220