DOROTHY WANGUI KARAGU v JOHN MWANGI KAMARU [2006] KEHC 2269 (KLR)

Facts

Dorothy Wangui Karugu, the Plaintiff, was the Administrator of the estate of Jacinta Wangari Karugu under a Limited Grant of Letters of Administration ad Colligenda bona. She invested the money awarded in the judgment in the H.F.C.K. Nyeri Branch on behalf of the minors. She later sought to substitute Agnes Wairimu Maina and Catherine Nyakinyua Ndung'u as plaintiffs and guardians of the minors.

Issues

1. Whether Agnes Wairimu Maina and Catherine Nyakinyua Ndung'u are the intended plaintiffs to be substituted.
2. Whether Dorothy Wangui Karugu is an appropriate guardian for the minors.
3. Whether the Notice of Motion is competent and should be entertained.

Reasoning

The Notice of Motion is incompetent as it was not filed by the advocate with leave from the court, and it was not addressed to the prayer asking for leave. The court also found that Dorothy Wangui Karugu is not an appropriate guardian for the minors.

Outcome

Appeal dismissed