Case law
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Division and case type: Environment and Land CourtCivil Suit
…(a) THAT the 2nd Plaintiff, Josephine Maloiy, be and is hereby directed to furnish cogent medical evidence from a qualified and licensed medical practitioner to prove the alleged mental infirmity/incapacity of Geoffrey…
…They further assert that the application was not supported by medical evidence proving that Geoffrey Moriaso Maloiy was of unsound mind or incapable of protecting his own interests in this matter. 3. …
Division and case type: Environment and Land CourtCivil Suit
…Medical evidence and/or b. Formal adjudication and appointment of a guardian or manager.…
…The late filing of an application for a next friend, reliance on an outdated medical evidence and an attempt to amend pleadings on the eve of hearing and introducing new documents six years after filing the suit demonstrates…
Division and case type: High Court CivilCivil Suit
…Its position is that the threshold in Order 32 rule 15 has not been met because the only disability proved is physical; no medical evidence establishes unsoundness of mind or mental infirmity; and Mr.…
…I am conscious that medical evidence is not the only means by which incapacity may be demonstrated and that the Court's inquiry may include its own interaction with the person concerned. In this case, however, Mr.…
Division and case type: Environment and Land CourtCivil Suit
…I have also considered the letter that was addressed to the Deputy Registrar of the court, and the medical evidence attached thereto which have been produced by way of exhibition in the supporting affidavit, and I am persuaded…
Division and case type: Environment and Land CourtCivil Suit
…In addition, the Plaintiff avers that no death certificate has been tendered and medical evidence to support the incapacity of the other two witnesses.…
Division and case type: CivilCivil Suit
…She has, I understand from the medical evidence, recovered to be as well as she will ever be.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff has not offered any medical evidence to support his allegations. I find that the Plaintiff failed to prove fraud and illegality to the required standard. The Plaintiff’s case is bereft of merit.…
Division and case type: Environment and Land CourtCivil Suit
…The Learned Counsel stated that this Honourable Court was invited to consider the medical evidence adduced and the legal necessity for substitution.…