[2008] KEHC 696 (KLR)
The court found that while the original order was intended to secure the minors' future by allowing their funds to accrue interest, it is illogical to allow the investment to grow while the children are in present need. The welfare of the children is paramount, and the accrued interest should be available for their...
Source-derived case information.
- Citation
- [2008] KEHC 696 (KLR)
- Parties
- Plaintiff: John Peter Mutugu; Plaintiff: Agnes Wangechi; Defendant: PUT Sarajevo General Engineering Co.
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 196 of 1996
- Procedural Posture
- Civil Case / Post Judgment Application for Review of Orders
- Outcome
- Application for review allowed.
- Judges
- MM Kasango
- Legal Topics
- Review of Court Orders, Maintenance of Minors, Withdrawal of Funds, Interest on Investment Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Peter Mutugu
Plaintiff
Agnes Wangechi
Plaintiff
PUT Sarajevo General Engineering Co.
Defendant
Procedural Posture
Civil Case / Post Judgment Application for Review of Orders
Legal Issues
- 1 Whether the court should review its previous order restricting access to interest accrued on minors' investment account.
- 2 Whether the applicant, as mother and guardian, should be permitted to withdraw interest for the maintenance of the minor children.
Ratio Decidendi
The court found that while the original order was intended to secure the minors' future by allowing their funds to accrue interest, it is illogical to allow the investment to grow while the children are in present need. The welfare of the children is paramount, and the accrued interest should be available for their maintenance. The application for review was therefore merited, and the mother was authorized to withdraw the interest from the investment account for the benefit of the minors.
Court Disposition
Application for review allowed.
Orders
- The order of this court of 29th March 2007 is reviewed.
- Agnes Wangechi is authorized to withdraw the interest accrued and accruing from time to time in the investment account at Housing Finance Co Ltd on behalf of the minors Caroline Wanjiru, John Mutugu, Nancy Wairimu, and Faith Wamaitha.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 196 of 1996
JOHN PETER MUTUGU )
AGNES WANGECHI ) ……………....………………. PLAINTIFFS
VERSUS
PUT SARAJEVO GENERAL ENGINEERING CO. .. DEFENDANT
RULING
The application before court is a chamber summons dated 11th September 2008. in this case judgment was entered for the plaintiff and after judgment was entered an order was made that funds be held for the minor children in a bank account. Their mother has approached this court for the review of the order made on 29th March 2007 that the court thereafter do order for the applicant their mother to receive interest on the minor’s investment account held at housing Finace co ltd. In support of that application she deponed that she has found herself in very hard times financially and that she has been unable to provide for the minor children who rely on her. She said that she only requests for the interest due on the account to be released to her for the purpose of maintaining them. I have considered the application before and the affidavits sworn by the mother of the minor children. The very purpose for which money was held in an investment account was for it to earn interest for the benefit of the children. However there is no logic in having the investment growing whilst the children are in need in the present. I therefore find that the application is merited and grant the following orders: _
1. That I do hereby review the order of this court of 29th March 2007.
2. That the court does authorize Agnes Wangechi to withdraw the interest which has accrued and which will accrue from time to time in the investment account held at Housing Finance Co Ltd on behalf of the minors Caroline Wanjiru, John Mutugu, Nancy Wairimu and Faith Wamaitha.
3. There shall be no orders as to costs.
Dated and delivered at Nyeri this 22nd day of October 2008.
MARY KASANGO
JUDGE