ZEDEKIA OMEGA v JACKSON M. KAGO [2007] KEHC 1594 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Civil Case 3001 of 1988

ZEDEKIA OMEGA (Late a minor by DAVID OMEGA His next friend but

now having attained majority)…….........................................................……...........…PLAINTIFF/APPLICANT

VERSUS

JACKSON M. KAGO………….....…..............................................................……DEFENDANT/RESPONDENT

R U L I N G

On or about the 5th December 1988 the applicant then a minor was traveling as a fare paying passenger in motor vehicle reg. No. KXG 323 when it was involved in a road accident.  As a result of the said accident the applicant sustained serious injuries.  Because he was a minor he sued through David Omega his father as the next friend.  He has now become of age and he applies for orders that the next friend be discharged from the suit and he granted leave to proceed on his own name having attained age of 30 years.

The application is based on the grounds as stated on the body for the Notice of Motion and supported by an affidavit sworn by the applicant on 11th June 2007.

The applicant having become of age he can now proceed with the suit on his own.  I therefore allow the application in terms of prayer (a) of the Notice of Motion dated 11th June 2007.

Dated at Nairobi this 17th day of October 2007.

J. L. A. OSIEMO

JUDGE