[2022] KEHC 2294 (KLR)
The court found that the application for appointment as next friend and guardian had been overtaken by events due to the ruling delivered in Petition No. E025 of 2021. As a result, there was no longer a live issue for determination in the present application, and the file was accordingly marked as closed.
Source-derived case information.
- Citation
- [2022] KEHC 2294 (KLR)
- Parties
- Applicant: Francis Koome Mburugu; Respondent: MM
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? E045 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Legal Topics
- Mental Capacity, Next of Friend Appointment, Guardianship, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Koome Mburugu
Applicant
MM
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application for appointment as next friend and guardian is maintainable in light of the ruling in Petition No. E025 of 2021.
Ratio Decidendi
The court found that the application for appointment as next friend and guardian had been overtaken by events due to the ruling delivered in Petition No. E025 of 2021. As a result, there was no longer a live issue for determination in the present application, and the file was accordingly marked as closed.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application is marked as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC PETITION NO. E045 OF 2021
IN THE MATTER OF AN APPLICATION FOR APPOINTMENT AS NEXT OF FRIEND, GUARDIAN (A PERSON OF UNSOUND MIND)
AND
IN THE MATTER OF SECTION 26 (1) (3), 27(2) OF THE MENTAL HEALTH ACT CAP 248 LAWS OF KENYA AND ORDER 32 RULES 1 TO 15 OF THE CIVIL PROCEDURE RULES, 2010
AND
IN THE MATTER OF FRANCIS KOOME MBURUGU next friend of MM.............PETITIONER
RULING
1. In view of the ruling delivered in Petition No. E025 of 2021, the application herein is marked as overtaken by events.
2. The file is marked as closed.
Orders accordingly
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERU THIS
16TH DAY OF FEBRUARY, 2022
In presence of:
No appearance for parties
Court Assistant - Kananu
HON. C.K. NZILI
ELC JUDGE