Joseph Alef Kimani Wanjama (Suing through Next Friend and Son) Daniel Wanjama Kimani v Tech Pro Systems Limited & another [2017] KEELC 2624 (KLR)

Facts

The Plaintiff, Dr. Joseph Alef Kimani Wanjama, seeks a declaration that he is still the lawful owner of land reference no. Nairobi Block 122/96 in Kasarani, Nairobi. He also seeks a permanent injunction to restrain the Defendant, Tech Pro Systems Limited, from dealing with the Suit Property. The Defendant commenced construction of a perimeter wall around the Suit Property, and Daniel Kimani swore an affidavit stating that an inhibition restricting dealings on the Suit Property was registered in March 2011.

Issues

1. Whether the Plaintiff is capable of bringing the suit as next friend due to his mental incapacity.
2. Whether the transfer of the Suit Property to the Defendant was fraudulent and illegal.
3. Whether the Plaintiff has met the threshold for the grant of injunctive relief.

Reasoning

The court found that the Plaintiff has not been adjudged to be of unsound mind under the Mental Health Act, and thus, the Mental Health Act does not apply to his case. The court agreed with Mativo J. that for the court to find that the Plaintiff is incapable of protecting his interests, an inquiry must be conducted as provided under Order 32 Rule 15 of the Civil Procedure Rules.

Outcome

Dismissed

Authorities cited