[2014] KEHC 6277 (KLR)
The court found that the Public Trustee was not responsible for any delay in the release of the death gratuity, as payment could only be made after the plaintiff obtained letters of administration. The delay in payment was attributable to the Ministry of Health and the plaintiff's own delay in obtaining the...
Source-derived case information.
- Citation
- [2014] KEHC 6277 (KLR)
- Parties
- Plaintiff: Ambetsa K. Osena Lukose; Respondent: The Hon. Attorney General, Assistant Administrator General Western Province
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 11 of 2008
- Procedural Posture
- Civil Case / Ruling on Application for Payment of Interest and Attachment of Assets
- Outcome
- claim dismissed
- Judges
- SJ Chitembwe
- Legal Topics
- Execution of Judgment, Interest on Debts, Public Trustee Liability, Delay in Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ambetsa K. Osena Lukose
Plaintiff
The Hon. Attorney General, Assistant Administrator General Western Province
Respondent
Procedural Posture
Civil Case / Ruling on Application for Payment of Interest and Attachment of Assets
Legal Issues
- 1 Whether the Public Trustee is liable to pay additional interest to the plaintiff for alleged delay in releasing death gratuity.
- 2 Whether the assets of the Public Trustee can be attached to satisfy the claimed interest amount.
- 3 Whether the deduction of Ksh 4,527 by the defendant was justified.
Ratio Decidendi
The court found that the Public Trustee was not responsible for any delay in the release of the death gratuity, as payment could only be made after the plaintiff obtained letters of administration. The delay in payment was attributable to the Ministry of Health and the plaintiff's own delay in obtaining the necessary documentation, not to the defendant. The decretal sum, including interest, was paid in full before the suit was filed. The deduction of Ksh 4,527 by the defendant was found to be justified. Consequently, there were no further funds due to the plaintiff, and the claim for additional interest was without merit.
Court Disposition
claim dismissed
Orders
- The applicant's claim for Ksh 1,054,919 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
CIVIL CASE NO: 11 OF 2008
AMBETSA K. OSENA LUKOSE.............................................PLAINTIFF
VERSUS
1. THE HON. A.G
ASS. ADM GENERALWESTERN PROVINCE...............................................RESPONDENT
R U L I N G
The plaintiff is seeking to be paid interest of Ksh. 1,054,919/= by the Public Trustee. He seeks orders that the assets or properties of the Public Trustee be attached so as to satisfy the interest amount being claimed.
The court record shows that plaintiff was claiming Ksh 108,400 as the principal amount plus 15% interest. The amount was death gratuity for the plaintiff’s daughter, Getrude Rebecca Mwanika Osena who used to work with the Ministry of health as a registered nurse. The plaintiff’s suit was not defended and the court awarded the plaintiff the sum of Ksh 108,400 that was being claimed plus interest at the rate of 5% for a period of twelve months. While testifying before the court, the plaintiff stated that the Ministry of health ought to have been enjoined as it released the death gratuity late.
Upon entering of the Judgment, the Public Trustee applied to the court to have the judgment set aside. Justice Luka Kimaru heard that application and dismissed it. In essence therefore, the defendants were to pay the Principal sum of Ksh 108,400 plus interest. Justice Lenaola who heard the case computed the decretal sum as Ksh 173,440. What this meant is as follows;-
Principal amount - Ksh 108,400/=
Interest at the rate of
5% for 12 months. - Ksh 64,040/=
Total amount awarded - Ksh 173,440/=
According to the Public Trustee the decretal sum was paid on 5/11/2007 vide cheque number for Ksh 183,488. According to the plaintiff, the Ministry of Health sent a cheque for Ksh 188. 015/=. The public Trustee’s position is that bank account and the payment to the plaintiff was less Ksh 4,527/=. The plaintiff’s position is that the payment by the Ministry of Health was made on 9/10/2006. The Public Trustee paid him on 5. 11. 2007.
This was a period of about one year. The Public Trustee explained that the plaintiff had to obtain letters of administration before payment was made.
The suit herein was filed in March 2008; A period of about four months after the payment was made to the plaintiff. The plaintiff seems to claim that the Ministry of Health delayed the payment of the death gratuity. The plaintiff did not enjoin the Ministry of Health as a party to this suit. The defendant received the money in October 2006 and released it to the plaintiff in November 2007 after letters of administration were issued to the plaintiff. The defendant could not have simply paid the plaintiff without the letters of administration. It is not the Public Trustee who delayed the release of the death gratuity. The deceased died on 15/4/2001 and the payment was released in October, 2006. That delay cannot be attributed to the defendant.
I do find that the applicant’s claim for Ksh, 1,054,919. 00 is misplaced. The sum of Ksh 4,527 deducted by the defendant is justiceable. There was no delay on the part of the defendant to release the death gratuity. There are no funds due and payable to the plaintiff by the defendant. The decretal sum was paid even before the suit was filed. The defendant cannot be called upon to pay another sum of Ksh 173,400 as that amount had already been paid to the plaintiff before he filed the suit.
In the end, I do find that the applicant’s claim lacks merit and the same is hereby dismissed with no orders as to costs.
Dated, signed and Delivered at Kakamega this 20th day of March 2014.
SAID J. CHITEMBWE
JUDGE