[2024] KEHC 7566 (KLR)
The court found that the subject is incapacitated as evidenced by the medical report dated 17/11/2022 and the Chief's letter dated 7/5/2022. Both the applicant and the respondent, who are immediate family members, supported the application. The court was satisfied that the requirements for granting the orders sought...
Source-derived case information.
- Citation
- [2024] KEHC 7566 (KLR)
- Parties
- Applicant: Ruth Atieno Wagude; Respondent: Andrew John Demba Otolo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E003 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling
- Outcome
- Application allowed as prayed in prayers 2, 3, and 4. Costs in the cause.
- Judges
- DO Ogembo
- Legal Topics
- Incapacitated Persons, Guardianship, Medical Reports, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Atieno Wagude
Applicant
Andrew John Demba Otolo
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the subject is incapacitated and in need of court intervention for protection and management of affairs.
- 2 Whether the application for orders as prayed should be granted based on the evidence presented.
Ratio Decidendi
The court found that the subject is incapacitated as evidenced by the medical report dated 17/11/2022 and the Chief's letter dated 7/5/2022. Both the applicant and the respondent, who are immediate family members, supported the application. The court was satisfied that the requirements for granting the orders sought had been met, and thus allowed the application as prayed in prayers 2, 3, and 4. Costs were ordered to be in the cause.
Court Disposition
Application allowed as prayed in prayers 2, 3, and 4. Costs in the cause.
Orders
- Application dated 3/6/2024 allowed as prayed in prayers 2, 3, and 4.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
Wagude v Otolo (Family Miscellaneous Application E003 of 2024) [2024] KEHC 7566 (KLR) (19 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7566 (KLR)
Republic of Kenya
In the High Court at Siaya
Family Miscellaneous Application E003 of 2024
DO Ogembo, J
June 19, 2024
Between
Ruth Atieno Wagude
Appellant
and
Andrew John Demba Otolo
Respondent
Ruling
1. I have considered this application and the Affidavit in support of the same. I have also observed the subject who obviously is incapacitated. The medical report attached and dated 17/11/2022 confirms his medical condition. The letter of the Chief, dated 7/5/2022, similarly captures the condition of the subject.
2. The applicant, Ruth Atieno Wagude, Identity Number 3884769 and subject’s brother, Andrew John Demba Otolo, Identity Number 1689182 are both present in court. Both are in support of this application.
3. In the circumstances, I allow the application dated 3/6/2024 as prayed in prayers 2, 3 and 4. Costs of this application to be in the cause.
DATED, SIGNED AND DELIVERED THIS 19THDAY OF JUNE, 2024. D. O. OGEMBOJUDGE19/6/2024