[2017] KEHC 3262 (KLR)
The court found that, although a medical report from Chiromo Lane Hospital indicated F N N suffered from Bipolar 1 Mood Disorder, there was no evidence from that report of unsoundness of mind. However, since the administrators alleged admissions at three different hospitals and only one report was provided, the...
Source-derived case information.
- Citation
- [2017] KEHC 3262 (KLR)
- Parties
- Applicant: Administrators of the estate of H N M; Respondent: F N N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1511 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Production of Medical Records
- Outcome
- Application for production of medical records granted.
- Judges
- DN Musyoka
- Legal Topics
- Mental Capacity, Succession Proceedings, Confirmation of Grant, Medical Records Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the estate of H N M
Applicant
F N N
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Production of Medical Records
Legal Issues
- 1 Whether the court should order the production of medical records to determine the mental capacity of the 2nd protestor/respondent.
- 2 Whether the available medical evidence is sufficient to establish unsoundness of mind.
Ratio Decidendi
The court found that, although a medical report from Chiromo Lane Hospital indicated F N N suffered from Bipolar 1 Mood Disorder, there was no evidence from that report of unsoundness of mind. However, since the administrators alleged admissions at three different hospitals and only one report was provided, the court determined that justice required access to all relevant medical records. Therefore, the court ordered the production of medical records from Avenue Hospital and Mathari Hospital to ensure a comprehensive and fair assessment of F N N's mental capacity in the context of the succession proceedings.
Court Disposition
Application for production of medical records granted.
Orders
- Administrators of Avenue Hospital and Mathari Hospital to provide medical records/reports relating to the treatment and management of F N N during his admissions within thirty (30) days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1511 OF 1998
IN THE MATTER OF THE ESTATE OF H N M (DECEASED)
RULING
1. The application that I am supposed to be determining is dated 28th April 2017. It invites me to make an enquiry into the mental capacity of F N N, who is said to have filed a protest to the summons for confirmation of grant dated 8th March 2016, hereinafter named as the 2nd protestor/respondent.
2. It is brought at the instance of the administrators of the estate of the deceased. The administrators are siblings of the 2nd protestor/respondent. They allege that he is of unsound mind. He is alleged to have been admitted several times at Chiromo Lane Hospital, Avenue Hospital and Mathari Hospital. They ask for an order directed at the three health institutions to produce his mental/medical records. They urge that justice would be done if that is done.
3. The reply to the application is vide an affidavit sworn by Dr. FR Owiti on 29th May 2017. He is the psychiatrist who has been attending to the 2nd protestor/respondent since 2011. He has attached medical report relating to the said 2nd protestor/respondent. The history provided is that he was first admitted in 2011 at Chiromo Lane Hospital complaining of over talkativeness, and being loud and aggressive. He was diagnosed with Bipolar 1 Mood Disorder and Diabetes Mellitus. It is reported that there was no evidence of lack of soundness of mind. The opinion of the doctor is that F N N was mentally stable, and the disorder he suffered from did not render him to be of unsound mind.
4. From the record before me, the applicants indicate that the 2nd protestor/respondent had been admitted at three institutions. The medical report provided is from only one of the institutions. To do justice in the matter, the court ought to have access to records from the other institutions.
5. I hereby therefore order the administrators of Avenue Hospital and Mathari Hospital do provide medical records/reports relating to the treatment and management of F N N during the time he was admitted or hospitalized in those institutions. The records/reports to be availed within thirty (30) days.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF SEPTEMBER, 2017.
W. MUSYOKA
JUDGE