[2013] KEHC 6116 (KLR)
The court found that although the parties had filed a consent on liability, it had not yet been adopted as an order of the court. The court therefore entered an order in terms of the consent and granted leave to compromise the suit on behalf of the minor, subject to the investment proposal submitted. The court...
Source-derived case information.
- Citation
- [2013] KEHC 6116 (KLR)
- Parties
- Plaintiff: J I K (suing as the next friend of J W I, a Minor); Defendant: AL HAG HOLDINGS LIMITED
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 75 of 2011
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Compromise Suit on Behalf of Minor
- Outcome
- Application allowed; leave granted to compromise suit on behalf of minor; consent on liability adopted; investment proposal approved.
- Judges
- DW Mbuteti
- Legal Topics
- Compromise of Suit, Minor Suing Through Next Friend, Court Approval of Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J I K (suing as the next friend of J W I, a Minor)
Plaintiff
AL HAG HOLDINGS LIMITED
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Compromise Suit on Behalf of Minor
Legal Issues
- 1 Whether the court should grant leave to compromise the suit on behalf of the minor plaintiff.
- 2 Whether the consent filed by the parties on liability should be adopted as an order of the court.
- 3 Whether the proposed investment of the minor's award is appropriate.
Ratio Decidendi
The court found that although the parties had filed a consent on liability, it had not yet been adopted as an order of the court. The court therefore entered an order in terms of the consent and granted leave to compromise the suit on behalf of the minor, subject to the investment proposal submitted. The court emphasized the necessity of judicial oversight in settlements involving minors to safeguard their interests, and directed that the minor's award be invested as proposed. Costs of the application were ordered to be in the cause.
Court Disposition
Application allowed; leave granted to compromise suit on behalf of minor; consent on liability adopted; investment proposal approved.
Orders
- Order entered in terms of the consent dated 30th January and filed on 20th February 2012.
- Leave granted to compromise the suit on behalf of the minor plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO. 75 OF 2011
J I K
(suing as the next friend of
J W I, a Minor).……..………..……....………...... PLAINTIFF
VERSUS
AL HAG HOLDINGS LIMITED…………………………….......... DEFENDANT
R U L I N G
1. I have considered the notice of motion dated 29th January 2013, which is an application for leave of the court to compromise the suit on behalf of the minor Plaintiff. In doing so I have looked at the comparable cases provided by the Plaintiff’s advocates vide their list and bundle of authorities dated 4th and filed on 6th June 2013.
2. I have also perused the court record. Though it is stated at paragraph 1 (g) of the grounds for the application that parties compromised on the issue of liability and recorded consent to that effect on 20th February 2012, no such order appears on the record. What the parties did on that date was to file a consent dated 30th January 2012 which has not yet been acted upon by the court.
3. I will therefore now enter an order in terms of the said consent dated 30th January and filed in court on 20th February 2012.
4. I will also grant the leave sought in prayer 1 of the application and the order sought in prayer 2 subject to investment as proposed in the Investment Proposal dated 4th and filed in court on 6th June 2013. Costs of the application shall be in the cause. Those will be the orders of the court.
DATED AND SIGNED AT NAIROBI THIS 13TH DAY OF JUNE 2013
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 14TH DAY OF JUNE 2013