Law library · Sierra Leone · The Legitimacy Act, 1989
Section 3, The Legitimacy Act, 1989
Status not yet checkedThe Legitimacy Act, 1989, Sierra Leone
(1) A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in Sierra Leone or elsewhere, apply by petition to the High Court praying for a decree declaring that the petitioner is the legitimate child of his parents, and the High Court shall have jurisdiction to hear and determine such application and to make such decree declaratory of the legitimacy or illegitimacy of such person as the Court may deem just; and such decree shall be binding to all intents and purposes on all persons whomsoever.
No. 7 Legitimacy 1989 7
(2) Every petition under this section shall be accompanied by such affidavit verifying that petition, and of the absence or exclusion, as the Court may by any general rule direct.
(3) In all proceedings under this section the Court shall have power to award and enforce payments of costs to any persons cited, whether such person shall or shall not oppose the declaration applied for, in case the said Court shall deem it reasonable that such costs should be paid.
(4) A copy of every petition under this section and of the affidavit accompanying that petition shall, one month at least prior to the presentation by filing of such petition, be delivered to the Attorney-General and Minister of Justice, who shall be a respondent in the hearing of such petition and upon every subsequent proceeding relating thereto.
(5) Where any application is made under this section to the Court, such person or persons (if any) besides the Attorney-General and Minister of Justice as the Court shall think fit shall, subject to the Rules made under this section, be cited to the proceedings or otherwise summoned in such manner as the Court shall direct, and may be permitted to become parties to the proceedings, and may oppose the application.
(6) The decree of the Court shall not in any case prejudice any person, unless such person has been cited or made a party to the proceedings or is the next-of-kin, or personal representative of, or derives title under or through a person so cited or made a party; nor shall such decree of the Court prejudice any person if subsequently proved to have been obtained by fraud or collusion.
(7) No proceeding to be had under this section shall affect any final decree already pronounced or made by any Court of competent jurisdiction.
(8) The Chief Justice may make Rules for carrying the provisions of this section into effect.
[Margin: Right of legitimated persons, etc. to take interests in property.]
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