Mary Munyao Kithome v Janet Ndungwa Kithome [2014] KEHC 2396 (KLR)
- Court
- High Court of Kenya
- Case number
- 2396
- Citation
- [2014] KEHC 2396 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureEx-parte application to restrain and grant power to manage property and bank accountsCoramB. THURANIRA JADEN
Holding
The court finds the applicant has no capacity to file the applications and strikes them out with costs to the respondent.
Facts
Mary Munyao Kithome, the wife of Joseph Kithome Kisilu, seeks to restrain Janet Ndungwa Kithome from managing the family's property and bank accounts due to her husband's illness and alleged abandonment. Janet opposes the application, claiming her father is capable of managing his affairs.
Issues
- Whether the applicant has the capacity to file the applications.
- Whether the father, Joseph Kithome Kisilu, lacks mental capacity.
Reasoning
The court considers the provisions of Order 32 of the Civil Procedure Rules and Section 28 of the Mental Health Act, concluding the applicant has not complied with the legal requirements.
Outcome
Applications struck out with costs to the respondent.
Orders
- Spent.
- Spent.
- Pending the hearing and determination of this suit or further orders of this Honourable Court, the Defendant/Respondent be restrained from managing, receiving or drawing income, making collections from, operating, interfering or meddling with the suit property.
- Pending the hearing and determination of this suit or further orders of this Honourable Court, the Defendant/Respondent be restrained from operating, managing, interfering, making withdrawals from or deposits to the bank account.
- The Plaintiff/Applicant be granted power and authority by an order of the court to manage, operate, deposit, receive and draw income from the suit property and do all such things as appear necessary in execution of her powers and duties.
Remedies
- Costs to the respondent.
Authorities cited
Legislation (2)
- Order 40 of the Civil Procedure Rules 2010
- Mental Health Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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