[2014] KEHC 7985 (KLR)
The court found that the applicant, Joyce Wakonyo Mwangi, was properly appointed as guardian and manager of the affairs and estate of Reynolds Mwangi Kinyanjui under the Mental Health Act. The application for authority to sell the subject's land was made to provide for the maintenance of the subject, the applicant,...
Source-derived case information.
- Citation
- [2014] KEHC 7985 (KLR)
- Parties
- Applicant: Joyce Wakonyo Mwangi; Respondent: Reynolds Mwangi Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 405 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Authority to Dispose of Property by Guardian
- Outcome
- Application allowed. Authority granted to applicant to execute sale/disposition of land on behalf of subject.
- Judges
- DW Mbuteti
- Legal Topics
- Mental Capacity, Guardianship, Estate Management, Court Authorization of Sale
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wakonyo Mwangi
Applicant
Reynolds Mwangi Kinyanjui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Authority to Dispose of Property by Guardian
Legal Issues
- 1 Whether the applicant, as court-appointed guardian and manager, should be authorized to sell or dispose of the subject's land for maintenance purposes.
Ratio Decidendi
The court found that the applicant, Joyce Wakonyo Mwangi, was properly appointed as guardian and manager of the affairs and estate of Reynolds Mwangi Kinyanjui under the Mental Health Act. The application for authority to sell the subject's land was made to provide for the maintenance of the subject, the applicant, and the estate. The court noted that all adult children of the subject had consented to the sale and filed affidavits to that effect. There was no opposition to the application. In these circumstances, the court determined that it was appropriate and in the best interests of the subject and his dependants to grant the authority sought, and accordingly authorized the applicant...
Court Disposition
Application allowed. Authority granted to applicant to execute sale/disposition of land on behalf of subject.
Orders
- The applicant, Joyce Wakonyo Mwangi, is authorized to execute all instruments relating to the sale and/or disposition of Land Reference No 17/66 (Original Number 17/35/1)1 on behalf of Reynolds Mwangi Kinyanjui.
- There will be no order as to costs of the application.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
MISCELLANEOUS APPLICATION NO 405 OF 2012
IN THE MATTER OF THE MENTAL HEALTH ACT, CAP 245
AND
IN THE MATTER OF REYNOLDS MWANGI KINYANJUI
(WHO SUFFERS FROM MENTAL DISORDER OR INCAPACITY)
JOYCE WAKONYO MWANGI...................APPLICANT
R U L I N G
By an order entered on 27/07/2012 herein (Odunga, J) the Applicant, Joyce Wakonyo Mwangi, and following application by notice of motion dated 20th July 2012, was appointed the Guardian and Manager of all the affairs and estate of Reynolds Mwangi Kinyanjui (hereafter called theSubject). The Applicant is the wife of the Subject, and the appointment was made with the consent of their seven (7) children (all adults). These children are -
Elikanah Kinyanjui Mwangi
Sarah Njambi Waiyaki
Juanita Njoki Kinyanjui (alias Grace Kinyanjui Taylor)
Timothy Mungai Kinyanjui
Ann Wairimu Kuria
James Wanjama Kinyanjui
Hellen Wambui Kinyanjui
The Applicant has now applied by notice of motion dated 8th April, 2014 seeking the main order that the court do authorize the Applicant
“to execute all instruments relating to the sale and/or disposition of all that piece of land situated within the City of Nairobi, beingLand Reference No. 17/66 (Original Number 17/35/1)1on behalf of the subject (Mwangi)”.
The main ground for the intended sale is stated to be that the
Applicant is required to urgently sell one (1) acre of land in order to obtain funds for the maintenance of the Subject, the Applicant (who is the Subject’s dependant) and the estate of the Subject.
The aforementioned children of the Applicant and the Subject have no objection to the intended sale. They have stated so by individual affidavits annexed to the application.
In the circumstances I will allow prayer 3 of the application. The Applicant, Joyce Wakonyo Mwangi, who is the court appointed Guardian and Manager of all the affairs and estate of the Subject, Reynolds Mwangi Kinyanjui, is hereby authorized to execute all instruments relating to the sale and/or disposition of all that parcel of land situated within the City of Nairobi known as Land Reference No 17/66 (Original Number 17/35/1)1 on behalf of the said Reynolds Mwangi Kinyanjui. It is so ordered.
There will be no order as to costs of the application.
DATED AND SIGNED AT NAIROBI THIS 20th DAY OF MAY 2014
H.P.G. WAWERU
JUDGE
DELIVERED THIS 27TH DAY OF MAY 2014