[2015] KEHC 7838 (KLR)
The court found, based on the expert medical opinion and uncontroverted affidavit evidence, that T W K suffers from chronic schizophrenia and dementia, making her incapable of managing her own affairs. The applicant, being the eldest son and with the consent of all siblings, demonstrated suitability to be appointed...
Source-derived case information.
- Citation
- [2015] KEHC 7838 (KLR)
- Parties
- Applicant: Stephen Njuguna Kanyinyo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 116 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed.
- Judges
- LA Achode
- Legal Topics
- Mental Capacity, Estate Management, Guardianship, Unsound Mind, Appointment of Manager
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njuguna Kanyinyo
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether T W K is a person of unsound mind incapable of managing her estate.
- 2 Whether the applicant should be appointed manager of the estate of T W K.
- 3 Whether the applicant should be granted powers to execute conveyances on behalf of T W K.
Ratio Decidendi
The court found, based on the expert medical opinion and uncontroverted affidavit evidence, that T W K suffers from chronic schizophrenia and dementia, making her incapable of managing her own affairs. The applicant, being the eldest son and with the consent of all siblings, demonstrated suitability to be appointed as manager of the estate. The court was satisfied that the statutory requirements under the Mental Health Act had been met and that it was in the best interests of the subject and the estate for the applicant to be appointed manager with powers to execute conveyances on behalf of T W K.
Court Disposition
Application allowed.
Orders
- The applicant, Stephen Njuguna Kanyinyo, is appointed manager of the estate of T W K, a person of unsound mind.
- The applicant is granted powers to execute all conveyances in relation to the parcel of land registered in the name of T W K on her behalf.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
MISC. APPLICATION NO.116 OF 2015
IN THE MATTER OF THE ESTATE OF T W K (A PERSON OF UNSOUND MIND)
STEPHEN NJUGUNA KANYINYO…..…………………………APPLICANT
R U L I N G
1. By a Chamber Summons dated 7th August 2015 brought under Sections 26, 27, 29and32of theMental Health Act (Cap 248) Order 32 rule 15of theCivil Procedure Rules 2010, section 3Aof theCivil Procedure Act Cap 21 Lawsof Kenya,by the Applicant, he sought orders of court that:
a. The Applicant be appointed the manager of the estate of T W K a person of unsound mind.
b. That the Applicant be granted powers to execute all conveyances in relation to parcel of land [particulars withheld] on behalf of T W K.
2. The application is premised on grounds that T W K is of unsound mind and is not in a position to manage her estate; that the parcel of land known as [particulars withheld] is registered in her name and the respective identities and shares of all persons beneficially entitled thereto have been ascertained and determined.
3. In a supporting affidavit sworn on 7th August 2015 the deponent Stephen Njuguna Kanyinyo depones that he is the eldest son of T W K (hereinafter referred to as the Subject) and that she gave birth to seven children out of whom two have died as follows: Stephen Njuguna Kanyinyo, Agnes Nduta Kinyanjui, Nancy Ngendo Kanyinyo, James Mungai Lucas and Salome Wanjiru Kanyinyo. That the Subject was married to Lucas Kanyinyo Kagundu who is now deceased.
4. The Applicant further averred that his late father’s land was sub divided between his two wives in 1976 with his mother getting 10 acres while her co-wife got 14 acres respectively. That on 19th July 1980 T was registered as the absolute proprietor of title Number [particulars withheld].
5. The Applicant attached to his application a medical report from Mathari National and Teaching Referral Hospital which stated that the Subject had been diagnosed with chronic schizophrenia and dementia condition due to her advanced age and is therefore, not in a position to manage her estate. That all the other siblings have consented to the Applicant being appointed manager of the Subject’s estate. He also attached a copy of the mutation subdividing [particulars withheld] into twenty (20) plots as follows:
Assets Beneficiary Share
1. [particulars withheld] Stephen Njuguna Kanyinyo 0. 38 Ha
2. [particulars withheld] Lucas Kanyinyo Waiganjo 0. 48 Ha
3. [particulars withheld] James Mungai Lucas 0. 38 Ha
4. [particulars withheld] James Mungai Lucas 0. 20 Ha
5. [particulars withheld] Lucas Kanyinyo Waiganjo 0. 20 Ha
6. [particulars withheld] James Mungai Lucas 0. 11 Ha
7. [particulars withheld] Stephen Njuguna Kanyinyo 0. 11 Ha
8. [particulars withheld] Salome Wanjiru Kanyinyo 0. 40 Ha
9. [particulars withheld] Stephen Njuguna Kanyinyo 0. 10 Ha
10. [particulars withheld] Nancy Ngendo Kanyinyo 0. 118 Ha
11. [particulars withheld] Agnes Nduta Kinyanjui 0. 21 Ha
12. [particulars withheld] Teresia Wambui Kagundu 0. 115 Ha
13. [particulars withheld] Grace Wacera Kagundu 0. 10 Ha
14. [particulars withheld] Stephen Njuguna Kanyinyo 0. 1 Ha
15. [particulars withheld] Lucas Kanyinyo Waiganjo 0. 10 Ha
16. [particulars withheld] James Mungai Lucas 0. 10 Ha
17. [particulars withheld] James Mungai Lucas 0. 17 Ha
18. [particulars withheld] Lucas Kanyinyo Waiganjo 0. 17 Ha
19. [particulars withheld] Stephen Njuguna Kanyinyo 0. 10 Ha
20. [particulars withheld] Stephen Njuguna Kanyinyo 0. 08 Ha
6. Having perused the pleadings filed in this matter and having heard the submissions of learned counsel Mr. Kangethe for the Applicant, I am persuaded that the Subject is a person who is suffering from a mental disorder. In view of the expert opinion of Dr. Gatere the consultant psychiatrist in which he states that schizophrenia is a chronic disorder of the mind in which one loses contact with reality and is likely to make irrational decisions. I find that she is not therefore able to take care of herself and to conduct her own affairs.
There being merit in the application dated 7th August 2015, I hereby allow it in the terms proposed by the Applicant.
SIGNED DATEDandDELIVEREDin open court this 22nd day of October 2015.
.......................
L. A. ACHODE
JUDGE