[2019] KEHC 6713 (KLR)
The court found that the applicant had no adverse interest to the welfare of the subject and that the subject was medically certified as unable to manage his own affairs. The court was satisfied that the application met the legal requirements for appointment of a manager or guardian for an incapacitated person. The...
Source-derived case information.
- Citation
- [2019] KEHC 6713 (KLR)
- Parties
- Plaintiff: Dr. Kimathi Mwongera; Defendant: Mwongera Muiruri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 34 of 2018
- Procedural Posture
- Civil Case / Ruling
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Appointment of Guardian, Incapacity, Medical Evidence, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Kimathi Mwongera
Plaintiff
Mwongera Muiruri
Defendant
Procedural Posture
Civil Case / Ruling
Legal Issues
- 1 Whether the applicant should be appointed to manage the affairs of the subject due to incapacity.
- 2 Whether the applicant has any adverse interest to the welfare of the subject.
Ratio Decidendi
The court found that the applicant had no adverse interest to the welfare of the subject and that the subject was medically certified as unable to manage his own affairs. The court was satisfied that the application met the legal requirements for appointment of a manager or guardian for an incapacitated person. The presence of a consent order in a related matter and the unchallenged evidence further supported the application. Accordingly, the application was allowed as prayed.
Court Disposition
application allowed
Orders
- The application is allowed as prayed.
- File be closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 34 OF 2018(OS)
DR. KIMATHI MWONGERA............................PLAINTIFF
VERSUS
MWONGERA MUIRURI...............................DEFENDANT
R U L I N G
1. I have considered the affidavit on record. I have seen the applicant who has testified before me this morning. I have no doubt that he does not have any interest that is adverse to the welfare of the subject Mwnogera Mururi.
2. I have seen the consent dated 10/8/2017 in Meru ELC No. 60 of 2011.
3. I have considered the medical report dated 3/6/2019 by Dr. Mwikamba Andrea which certify that the subject is unable to undertake his own affairs.
4. In this regard, I am satisfied that the application is well merited and I allow the same as prayed.
5. File be closed.
A. MABEYA
JUDGE
13/06/2019