[2024] KEHC 15931 (KLR)
The court found that the applicant, having been granted legal guardianship and a decree to manage the ward's estate, had provided sufficient reasons for the requested transfer and sale of the property. The ward was unable to utilize the property, and the application was made in the ward's best interest. The court...
Source-derived case information.
- Citation
- [2024] KEHC 15931 (KLR)
- Parties
- Applicant: AJN; Ward: P.S.J.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 14 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Authorization of Property Transfer
- Outcome
- application allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Guardianship of Adults, Management of Ward Property, Court Authorization of Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AJN
Applicant
P.S.J.
Ward
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Authorization of Property Transfer
Legal Issues
- 1 Whether the applicant as legal guardian should be authorized to transfer the ward's property.
- 2 Whether the court should grant leave for the sale of the ward's four-bedroom bungalow.
Ratio Decidendi
The court found that the applicant, having been granted legal guardianship and a decree to manage the ward's estate, had provided sufficient reasons for the requested transfer and sale of the property. The ward was unable to utilize the property, and the application was made in the ward's best interest. The court therefore allowed the application as prayed, authorizing the applicant to effect the transfer and sale of the four-bedroom bungalow.
Court Disposition
application allowed as prayed
Orders
- The applicant AJN is authorized to effect the transfer and sale of the four-bedroom super bungalow number (xxxxxx) within Green Park estate LR 27xxx as legal guardian of P.S.J.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
In re PSJ (Ward) (Miscellaneous Application 14 of 2019) [2024] KEHC 15931 (KLR) (Family) (5 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15931 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application 14 of 2019
HK Chemitei, J
December 5, 2024
IN THE MATTER OF P.S.J. ( WARD) AND IN THE MATTER OF AN APPLICATION BY AJN
Ruling
1. The Notice of Motion by the applicant dated 10th April 2024 seeks orders that:-(a)The court do issue an order authorizing the transfer of the four-bedroom super bungalow number (xxxxxx) within Green Park estate LR 27xxx.(b)AJN as the legal guardian of Peter Stanley Jolley be authorized to effect the transfer of the four-bedroom super bungalow number (xxxxxx) within Green Park estate on LR 27xxx.
2. The application is based on the sworn affidavit of the Applicant AJN dated the same date and the grounds thereof.
3. The Applicant was granted legal guardianship of the Ward on 10th May 2019 and a decree issued on 31st January 2024. That the Ward’s estate constitutes the aforementioned property which he desires to have it disposed as he cannot utilize the same.
4. It was therefore the applicant’s prayers that he be authorised to sale the same.
5. In view of the reasons therein and the decree granted to the Applicant to manage the deceased estate the application is allowed as prayed.Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 5THDAY OF DECEMBER, 2024. H K CHEMITEIJUDGE