[2024] KEHC 6654 (KLR)
The court held that since almost 21 years had passed since the filing of the application and the minor had attained the age of majority, the application for appointment of guardian ad litem had lapsed due to affluxion of time. The court therefore dismissed the application and ordered the file closed.
Source-derived case information.
- Citation
- [2024] KEHC 6654 (KLR)
- Parties
- Applicant: Wyclif E. Owele Eyanyum; Applicant: Teresia Amisi Owele
- 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; file closed
- Judges
- MS Shariff
- Legal Topics
- Guardianship, Minor Attainment of Majority, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wyclif E. Owele Eyanyum
Applicant
Teresia Amisi Owele
Applicant
Procedural Posture
Miscellaneous Cause / Ruling on Application for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the application for appointment of guardian ad litem remains valid after the minor attains majority age.
Ratio Decidendi
The court held that since almost 21 years had passed since the filing of the application and the minor had attained the age of majority, the application for appointment of guardian ad litem had lapsed due to affluxion of time. The court therefore dismissed the application and ordered the file closed.
Court Disposition
application dismissed; file closed
Orders
- The application for appointment of guardian ad litem is dismissed.
- This 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 6654 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6654 (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 Joint Application By Wyclif E. Owele Eyanyum And Teresia Amisi Owele 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 Wyclif e. Owele Eyanuma sought to be appointed the guardian ad litem of Opran Nana 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 31STDAY OF MAY, 2024M. S. SHARIFFJUDGE