[2024] KEHC 14520 (KLR)
The court found that since the subject of the application, RWK, had died three days after the orders were issued, there was no longer a basis for the continuation of the proceedings. The absence of the applicant and counsel at the mention further indicated no intention to prosecute the matter. The court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 14520 (KLR)
- Parties
- Applicant: EK; Respondent: RWK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E002 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Abatement and Closure Due to Death of Subject
- Outcome
- application abated and file closed
- Judges
- DO Chepkwony
- Legal Topics
- Mental Capacity, Guardianship, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EK
Applicant
RWK
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Abatement and Closure Due to Death of Subject
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution.
- 2 Whether the proceedings should abate due to the death of the subject, RWK.
Ratio Decidendi
The court found that since the subject of the application, RWK, had died three days after the orders were issued, there was no longer a basis for the continuation of the proceedings. The absence of the applicant and counsel at the mention further indicated no intention to prosecute the matter. The court exercised its discretion to mark the application as abated and the file as closed, as the substantive issue had become moot due to the death of the subject.
Court Disposition
application abated and file closed
Orders
- The application dated 22nd January, 2024 is marked as abated.
- The file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re RWK (Person Suffering from Mental Disorders) (Miscellaneous Civil Application E002 of 2024) [2024] KEHC 14520 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 14520 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E002 of 2024
DO Chepkwony, J
October 31, 2024
IN THE MATTER OF RWK – (PERSON SUFFERING FROM MENTAL DISORDERS)
AND
IN THE MATTER OF EK TO BE APPOINTED AS GUARDIAN OVER THE AFFAIRS OF THE ESTATE OF RWK
In the matter of
EK
Applicant
Ruling
1. This matter is for mention for parties to show cause why the application should not be dismissed for want of prosecution.
2. The Applicant and counsel are not in attendance. However, counsel for the Respondent has informed court that the subject passed on three (3) days after the orders were issued and his client resides out of the country. He has urged that the mater be marked as closed.
3. Having listened to Mr. Osoro, counsel for the Respondent, the application dated 22nd January, 2024 is hereby marked as abated and the file duly marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 31ST DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for ApplicantMr. Osoro counsel for RespondentCourt Assistant - Martin