JUDGMENT
In this appeal, the first eleven grounds were disposed of by consent order which was suggested by the parties’ advocates, approved and recorded by the court and signed by the advocates of the parties. The parties are husband and wife. The respondent mother moved the High Court (Porter J) by originating summons taken out under the Guardianship of Infants Act cap 144 (the Act) as a result of which she was given the custody of the four children including the child Njogu who is the subject matter of the remaining ground of appeal. The originating summons was filed on October 2, 1981 and on October 30, 1981 Hancox J (as he then was) in an ex parte application granted temporary custody of the four children to the respondent until further order. By the time the temporary order was made, the appellant had come to the matrimonial home and taken her three elder children out of the Jurisdiction to Addis Ababa on August 12, 1981. When the appeal came up for hearing we were informed that t…