[2021] KEHC 7432 (KLR)
The court found that the application for revision of the order was unopposed, as there was no response or appearance by the bank or the defendant despite evidence of proper service. The court, having perused the affidavit of service and being satisfied that the application was properly served and unchallenged,...
Source-derived case information.
- Citation
- [2021] KEHC 7432 (KLR)
- Parties
- Applicant: EM; Applicant: KA (Minor suing through his next friend); Respondent: Marie Stopes Kenya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 161 of 2003
- Procedural Posture
- Civil Suit / Ruling on Application for Revision of Court Order
- Outcome
- Application allowed as prayed.
- Judges
- DO Chepkwony
- Legal Topics
- Revision of Court Orders, Access to Funds, Bank Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EM
Applicant
KA (Minor suing through his next friend)
Applicant
Marie Stopes Kenya
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Revision of Court Order
Legal Issues
- 1 Whether the order made on 17th December, 2018 should be revised to allow the plaintiff immediate access to the interest amount in the fixed deposit account on behalf of the minor.
- 2 Whether the court should direct KCB Bank Kenya Limited to comply with the revised order.
Ratio Decidendi
The court found that the application for revision of the order was unopposed, as there was no response or appearance by the bank or the defendant despite evidence of proper service. The court, having perused the affidavit of service and being satisfied that the application was properly served and unchallenged, allowed the application as presented. The operative reasoning is that in the absence of opposition and with proof of service, the court is entitled to grant the orders sought if they are justified on the merits.
Court Disposition
Application allowed as prayed.
Orders
- The order of Honourable Lady Justice D. Chepkwony made on 17th December, 2018 is revised to enable the plaintiff, EM, to immediately access the interest amount in the fixed deposit account plus interest accrued from Account No.[*******] at KCB Bank Kenya Ltd on behalf of KAF.
- The order of the court to be served upon KCB Bank Kenya Limited for compliance.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIVIL SUIT NO.161 OF 2003
FM (DECEASED)
EM)..............................................................APPLICANTS
KA (Minor suing through his next friend)
-VERSUS-
MARIE STOPES KENYA...........................RESPONDENT
RULING
1. The matter has come up for hearing of the application dated 25th February, 2021 in which the Applicants/Plaintiffs are seeking for:-
1) The order of Honourable Lady Justice D. Chepkwony, made on the 17th December, 2018 be revised to enable the said Plaintiff, EM immediately access the interest amount in the fixed deposit account plus interest accrued from Account No.[*******] at KCB Bank Kenya Ltd on behalf of KAF.
2) The order of the court to be served upon KCB Bank, Kenya Limited for compliance.
3) Costs of the application be provided for.
2. The same is supported on the grounds on the face of it, the Supporting Affidavit sworn by ELINAH KARISAtogether with the annextures attached thereto.
3. According to Counsel for the Applicant, the bank was served with the said application. It will be noted that there is no response to the said application nor appearance by the bank’s representative and or Defendant.
4. I have perused the affidavit of service filed on 19th April, 2021 and confirm that indeed the bank was served with the hearing notice for today.
5. In the circumstances, the application notice dated 25th February, 2021 is unchallenged and the same is allowed in the terms presented.
It is hereby so ordered.
DELIVERED, DATED AND SIGNED VIRTUALLY AT MOMBASA THIS 20TH DAY OF APRIL, 2021.
D. O. CHEPKWONY
JUDGE
20/4/2021