[2010] KEHC 488 (KLR)
The court found that the applicant had provided sufficient medical evidence demonstrating that M.K.A.T suffers from impaired hearing and mental imbalance, rendering him incapable of adequately defending himself in ongoing litigation. The applicant, being a close relative, is a suitable person to act as guardian ad...
Source-derived case information.
- Citation
- [2010] KEHC 488 (KLR)
- Parties
- Applicant: W.R; Respondent: M.K.A.T
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 27 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Guardian Ad Litem
- Outcome
- application allowed
- Legal Topics
- Guardian Ad Litem Appointment, Mental Capacity, Protection of Vulnerable Persons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
W.R
Applicant
M.K.A.T
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the applicant should be appointed as guardian ad litem for M.K.A.T due to the latter's impaired hearing and mental imbalance.
- 2 Whether the appointment is in the interest of justice and necessary for the protection of M.K.A.T in ongoing litigation.
Ratio Decidendi
The court found that the applicant had provided sufficient medical evidence demonstrating that M.K.A.T suffers from impaired hearing and mental imbalance, rendering him incapable of adequately defending himself in ongoing litigation. The applicant, being a close relative, is a suitable person to act as guardian ad litem. The appointment is necessary to safeguard the interests of M.K.A.T in Kericho H.C. Civil Case No. 12 of 2007. The court was satisfied that the requirements for appointment under Order 32 of the Civil Procedure Rules were met, and that granting the application would serve the interests of justice.
Court Disposition
application allowed
Orders
- The applicant, W.R, is appointed guardian ad litem of M.K.A.T in Kericho H.C. Civil Case No. 12 of 2007.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL MISC. APPL. NO. 27 OF 2010
IN THE MATTER OF AN APPLICATION FOR AN APPOINTMENT OFGUARDIAN AD LITEM BY M. K. A.T
THROUGH
W.R.................................................................................................................................APPLICANT
RULING
The Applicant, W.R, seeks an order that he be appointed the guardian Ad Litem of M.K.A.T who has been undergoing treatment in Kericho District Hospital since 2008 on account impaired hearing and mental imbalance. In his application dated 28th May, 2010, the Applicant has furnished copies of medical records of M.K.A.T which show that the allegation relating to the condition of the latter appears to be true.
I have perused the application and I am satisfied that the order sought is in the interest of justice as it will safeguard M.K.A.T in the suit No. Kericho H.C. Civil Case No. 12 of 2007 in which the latter is named as a Defendant. The Applicant states that he is his cousin, hence the interest.
I allow the application dated 28th May, 2010 and grant the order sought in prayer (a). I make no order as to costs.
DATED at KERICHO this 6th day of December, 2010
G.B.M. KARIUKI,sc
RESIDENT JUDGE
COUNSEL APPEARING
Mr. J.K. Koske Advocate for the Applicant
Court Clerk- Mr. Bett