[2010] KEHC 2854 (KLR)
The court found, based on the uncontroverted affidavit evidence and medical certificate, that E.O is a person of unsound mind and incapable of managing his affairs. The petitioner, as his sole wife and an adult, is a suitable person to be appointed as guardian. The court was satisfied that the requirements of the...
Source-derived case information.
- Citation
- [2010] KEHC 2854 (KLR)
- Parties
- Petitioner: B.N.O; Respondent: E.O
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 84 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Petition for Appointment of Guardian
- Outcome
- petition granted
- Legal Topics
- Guardianship of Persons of Unsound Mind, Mental Health Act Proceedings, Management of Property for Incapacitated Persons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B.N.O
Petitioner
E.O
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Petition for Appointment of Guardian
Legal Issues
- 1 Whether E.O is of unsound mind within the meaning of the Mental Health Act and incapable of managing his affairs.
- 2 Whether B.N.O should be appointed as guardian of E.O and manager of his property.
Ratio Decidendi
The court found, based on the uncontroverted affidavit evidence and medical certificate, that E.O is a person of unsound mind and incapable of managing his affairs. The petitioner, as his sole wife and an adult, is a suitable person to be appointed as guardian. The court was satisfied that the requirements of the Mental Health Act had been met and that it was in the best interests of E.O for B.N.O to be appointed guardian and manager of his property. The court further imposed a duty of accountability on the petitioner regarding the management of the property.
Court Disposition
petition granted
Orders
- B.N.O is appointed guardian of E.O and manager of his person and property, namely BUNGOMA/TONGAREN/400.
- The petitioner must account for the proceeds of the farm through a proper accounting system, subject to court verification if required.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISCELLANEOUS CASE 84 OF 2009
IN THE MATTER OF E.O ALLEGED TO BE AILING AND OF UNSOUND MIND.
AND
B.N.O………………………………………………………………..PETITIONER.
R U L I N G.
By a petition dated 1st December, 2009, the petitioner B.N O seeks orders that she be appointed as GUARDIAN of the said E.O’s person and/or managing his property.
The ground on which the petition is based is that E. O is a person of unsound mind within the meaning of the Mental Health Act. In addition thereto, he is an old man of 70 years and suffers from hypertension, and diabetes inter-alia. Due to his medical condition he is unable to walk or talk properly.
The application is supported by the annexed affidavit of the petitioner, B.N.O sworn on the 1st day of December, 2009.
On the available evidence, on record, the petitioner is the sole wife of the said E.O (See exhibit “BNO 1”). She is an adult and housewife. The petitioner seeks orders to manage land title number BUNGOMA/TONGAREN/400 on behalf of the said E. O. In support of her application she has annexed medical certificate exhibit “BNO.1” which is evidence that E.O is indeed a sick man.
I have fully considered the evidence on record. Having done, I am of the opinion that the application is merited. Accordingly, I order that petitioner herein B.N.O be and is hereby appointed GUARDIAN of the said E.O and shall be charged with the management of his person and property, namely BUNGOMA/TONGAREN/400. The petitioner is under a duty to account for the proceeds of the farm by operating a proper accounting system to be verified by the court, when and if called upon so to do, or if challenged by any interested party.
Dated and delivered at Kitale this 2nd day of February 2010.
N.R.O. OMBIJA.
JUDGE.