[2024] KEHC 6913 (KLR)
The court found that since 21 years had elapsed since the filing of the application and the minor had attained the age of majority, the application for appointment of a guardian ad litem had lapsed due to affluxion of time. Therefore, the application could not be granted and was dismissed accordingly.
Source-derived case information.
- Citation
- [2024] KEHC 6913 (KLR)
- Parties
- Applicant: WEOE; Applicant: TAO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 204 of 2003
- Procedural Posture
- Miscellaneous Cause / Ruling on Application for Appointment of Guardian Ad Litem
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Guardianship of Minors, Lapse of Applications Due to Time, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WEOE
Applicant
TAO
Applicant
Procedural Posture
Miscellaneous Cause / Ruling on Application for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the application for appointment of a guardian ad litem remains valid after the minor attains majority age.
- 2 Whether the application should be dismissed due to lapse of time.
Ratio Decidendi
The court found that since 21 years had elapsed since the filing of the application and the minor had attained the age of majority, the application for appointment of a guardian ad litem had lapsed due to affluxion of time. Therefore, the application could not be granted and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for appointment of a guardian ad litem is dismissed due to lapse of time.
- The file is marked as closed.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Florence Ongoche - Deceased (Miscellaneous Cause 204 of 2003) [2024] KEHC 6913 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6913 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Cause 204 of 2003
MS Shariff, J
May 31, 2024
IN THE MATTER OF THE ESTATE OF FO – DECEASED AND IN THE MATTER OF JOINT APPLICATION BY WEOE AND TAO FOR GRANT OF LETTERS OF ADMINISTRATION AD COLLIEGENDA BONA
Ruling
1. Vide a chamber summons, undated, and filed herein on 11th September 2003 the Applicant herein WEOE sought to be appointed the guardian ad litem of ON then a minor.
2. It has been almost 21 years down the line and the minor has attained the majority age wherefore the application herein has lapsed due to affluxion of time and I thus dismiss it.
3. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 31ST DAY OF MAY, 2024. M. S. SHARIFFJUDGE