Mary Tresfory vs Veronica Charles and Others (Miscellaneous Civil Cause No. 3 of 1999) [2000] TZHC 589 (11 August 2000)

r-'iOSHI J. :;;;:;,.t .$e,, - /4 o er#/. IN 'EHE HIGH COUP.'1 1 OF 'rPJtANIA hISCELL.ANEOUS CIVIL CAUSE NO. 3 OF 1999 IN 'I'HE \ViA'l'TER OF THE ADOPTION OP..DINAJ'JCE CAP. 335 AND IN 1 .I'HE MA'l'T}!;R · OF MARY 'rlESFORY oo.:>0000 ) VERONICA CI-IARLES, ANACLET TRESFORY ~ And YASINTA TRESFORY ) • RULING ., PETI'l 1 IONER INF1\NTS This is a petition preferred undr the iJrovi-sions of the Adoption Ordinance, ·" . Cap. 335, hereinafter called ~~J?Fdi,n-2.., by }·1ARY w/o TRESFOlY, the Petitioner, for an adoption order in respect of foyr 'ranzanian infants, CLAUS CHARLES, VERONICA CHJ'illLES, ANACLEl. 1 'rRESFORY and YASINTA T.RESFORY, aged 9 years, 12 years, 14 years, ·an.ct 9 years, respctively The p,stition is verified by an affidavit s sworn by the Petition.er, and. there is a report in favour of the petition filed by the Vibeya legional Welfare Officer. The Petitioner is a Tanzanian Citizen of KAGERA RegionQ She resides in Mbeya Municipality where she works with the National Insurance Corporation (NIC), Vibeya Brancho She is married to one TRESFORY ANACLET who filed a written consent r· to the- petition in terms of section 4(11-)(b) of the Ordinanceo" Other consents • required under- :tihe Ordinance have also been filedQ The first two infa11.ts are children of the young brother of the Petitioner, called Charles, whose wif'e died at the end of 19980 They have been staying with . ' the infants since thn. The last two infants were begot by the husband of the Petitioner of a woman called Getruda.and they have been staying with them since. 1990. The Corporation used to pay the Petitioner allowances in respect of all the feu.r infants as her dependants~ :Dut the regulation has changed. Allowances are now pa.id only in respect of children born of workers, not dependa.ntso Hence this petition which was filed on advise of the Corporation so that payment of allowances in respect of the infants could continueo /2 •

2 .- I have read the petition, its accompanying affidavits and consents., The Petitioner entered an appearance before me, and I explained to her, and she said she understood, the legal effect of an adoption order, which is to deprive permanently the infant 1 s natural parents of all parental rights, and to exempt them from any obligation:3 in respect of the adopted i:hfa.."lt, and, in turn, to vest these rights in the· adoptive parents who als.o assume full legal obligations over the infant in terms of section 12(1) of the Ordinanceo· Having had sight of the relevant provisions of the Ordinance, I am satisfied that all the conditions precedent to the issue of an adoption order prescribed under the Ordinance have been satisfit and hereby rule., in consequence, that it w,-uld be in the int$fest, and t11 the benefit, of the four infants that they be adopted by the Petitionero I accordingly 6 -rant the petition, a."ld hereby authorize the Petitiner to adopt the four infants whose nariies for pmposes of registratin shall be adoption order to that effect is to issue, and the Petitioner is ordered to make all the necessary provision for the welfare of the four infax1ts according to her station in life, aI1d to bear tlle costs of the petition. JUDGE.. AT MB:CY.,\o 11 AUGUST 2000 o For Petitioner C