[2006] KEHC 807 (KLR)
The court found that Phyllis Ngina Mwangi, having attained the age of 18 years as required by the consent judgment, was entitled to the release of the funds previously awarded and held in trust for her benefit. The application for release of the sum of USD 6,603 and accrued interest was therefore allowed in terms of...
Source-derived case information.
- Citation
- [2006] KEHC 807 (KLR)
- Parties
- Plaintiff: Irene Wambui Mwangi; Defendant: Aircraft Leasing Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2002 of 2001
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Release of Funds
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Estate Administration, Release of Funds, Consent Judgment, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Wambui Mwangi
Plaintiff
Aircraft Leasing Services Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Release of Funds
Legal Issues
- 1 Whether the sum of USD 6,603 and accrued interest should be released to Phyllis Ngina Mwangi as per the consent judgment.
- 2 Whether the conditions for release of funds to a minor beneficiary upon attaining majority have been met.
Ratio Decidendi
The court found that Phyllis Ngina Mwangi, having attained the age of 18 years as required by the consent judgment, was entitled to the release of the funds previously awarded and held in trust for her benefit. The application for release of the sum of USD 6,603 and accrued interest was therefore allowed in terms of the prayers sought in the Notice of Motion dated 31st August 2006.
Court Disposition
application allowed
Orders
- The sum of USD 6,603 and accrued interest to be released to Ms Phyllis Ngina Mwangi as per the consent judgment dated 7th October 2004.
- Application allowed in terms of Prayer 1 and 2 of the Notice of Motion dated 31st August 2006.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2002 of 2001
IRENE WAMBUI MWANGI……………………...……...………PLAINTIFF
VERSUS
AIRCRAFT LEASING SERVICES LTD…………...………DEFENDANT
RULING
The applicant who is the administrator of the estate of the late Patrick Wagaiyu seeks orders that the sum of USD 6. 603 and accrued interest thereof be released to Ms Phyllis Ngina Mwangi as per the consent judgment dated 7th October 2004.
The deceased died on 26th November 1999 and was survived by a widow and 4 children who were then minors. Phyllis Ngina Mwangi who was then 16 years was awarded USD 6. 603 and it was ordered that the same be deposited in Barclays Bank – Moi Avenue until she attains the age of 18 years. She has now attained that age and she applies that the money be released to her.
The application is allowed in terms of Prayer 1 and 2 of the Notice of Motion dated 31st August 2006.
Dated and delivered at Nairobi this 22nd day of September 2006.
J.L.A. OSIEMO
JUDGE