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. I

1986 TLR p219

CHIPETA J

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. B

Case Information

Application granted.

No case referred to. C

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 G 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

1986 TLR p220

CHIPETA J

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/=). G

Order accordingly.

1986 TLR p220