NAA v Seven Four Eight Air Services (K) Limited [2019] KEELRC 1260 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1260
- Citation
- [2019] KEELRC 1260 (KLR)
- Decided
- 5 July 2019
Summary at a glance
TypeApplication for Guardian Ad LitemPostureClaimant seeks appointment of next friend or guardian of the applicant in the suit.CoramByram Ongaya
The application is determined, and the claimant is ordered to appear for a necessary inquiry to determine if by reason of mental infirmity he is incapable of protecting his interests in the present suit.
Facts
Claimant was the captain of a plane involved in an accident on 17.02.2014, resulting in serious head and brain injuries. He is unable to recollect events before and after the accident.
Issues
- Whether the claimant is of unsound mind or mentally infirm.
- Whether the claimant can protect his interests in the suit.
Reasoning
The medical reports show the claimant can follow and recollect current events, but suffers some amnesia regarding the accident. The court has not made an inquiry into his mental infirmity.
Outcome
Application determined with orders for inquiry and costs.
Orders
- The parties fix a convenient date for attendance of the claimant for the necessary inquiry.
- Appropriate orders in view of the present application.
- Costs of the application in the cause.
Authorities cited
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