High Court 7810 of 2015

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI FAMILY AND PROBATE DIVISION MISC. APPLICATION NO.116 OF 2015 IN THE MATTER OF THE ESTATE OF T W K (A PERSON OF UNSOUND MIND) STEPHEN NJUGUNA KANYINYO…..…………………………APPLICANT RULING 1. By a Chamber Summons dated 7th August 2015 brought under Sections 26, 27, 29 and 32 of the Mental Health Act (Cap 248) Order 32 rule 15 of the Civil Procedure Rules 2010, section 3A of the Civil Procedure Act Cap 21 Laws of Kenya, by the Applicant, he sought orders of court that: a. The Applicant be appointed the manager of the estate of T W K a person of unsound mind. b. That the Applicant be granted powers to execute all conveyances in relation to parcel of land Dagoretti/Ruthimitu/562 on behalf of T W K. 2. The application is premised on grounds that T W K is of unsound mind and is not in a position to manage her estate; that the parcel of land known as Dagoretti/Ruthimitu/562 is registered in her name and the respective identities and shares of all persons beneficially entitled thereto have been ascertained and determined. 3. In a supporting affidavit sworn on 7th August 2015 the deponent Stephen Njuguna Kanyinyo depones that he is the eldest son of T W K (hereinafter referred to as the Subject) and that she gave birth to seven children out of whom two have died as follows: Stephen Njuguna Kanyinyo, Agnes Nduta Kinyanjui, Nancy Ngendo Kanyinyo, James Mungai Lucas and Salome Wanjiru Kanyinyo. That the Subject was married to Lucas Kanyinyo Kagundu who is now deceased. 4. The Applicant further averred that his late father’s land was sub divided between his two wives in 1976 with his mother getting 10 acres while her co-wife got 14 acres respectively. That on 19 th July 1980 Teresia was registered as the absolute proprietor of title Number Dagoretti/Ruthimitu/562. 5. The Applicant attached to his application a medical report from Mathari National and Teaching Referral Hospital which stated that the Subject had been diagnosed with chronic schizophrenia and dementia condition due to her advanced age and is therefore, not in a position to manage her estate. That all the other siblings have consented to the Applicant being appointed manager of the Subject’s estate. He also attached a copy of the mutation subdividing Dagoretti/Ruthimitu/562 into twenty (20) plots as follows: 1. Assets Beneficiary Share Dagoretti/Ruthimitu/ 1297 Stephen Njuguna Kanyinyo 0.38 Ha

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