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JudgmentVINCENT MOKAYA ONGERI VS JOHN ONGERI ONGWACHO1 min read

VINCENT MOKAYA ONGERI VS JOHN ONGERI ONGWACHO

High Court at Mombasa High Court · · Gregory Mutai

1. I have considered the Notice of Motion dated 12th August 2025, the supporting affidavit and the annexures attached thereto. I have also taken into account the submissions of the counsel for the applicant. 
2. I note that the patient is in dire need of treatment and that he is unable to manage his affairs presently, as he is undergoing treatement in the Intensive Care Unit of the Mombasa Hospital. The patient has been unable to speak since he fell ill. The money to pay for his treatment is in his personal account. It is therefore necessary that a guardian ad litem be appointed and that the said guardian ad litem be authorized to access the patient's account and to make withdrawals therefrom. 
3. Under the circumstances, I allow the Notice of Motion application dated 12th August 2025 in terms of Prayer No. 3 thereof. 
4. The matter shall be mentioned on 18th September 2025 for further directions. 
5. It is so ordered. 
Dated and signed at Mombasa, this 15th day of August 2025. Delivered virtually through Microsoft TEAMS.
    VINCENT MOKAYA ONGERI VS JOHN ONGERI ONGWACHO VINCENT MOKAYA ONGERI VS JOHN ONGERI ONGWACHO