[2004] KEHC 399 (KLR)
The court found that there was no court order on record for the deposit of Kshs.85,000.00 and no terms for its release to Judith Jeruto Kemboi. Without such an order, the court is unable to grant the relief sought. The absence of necessary documentation and clarity in the court file precludes the issuance of the...
Source-derived case information.
- Citation
- [2004] KEHC 399 (KLR)
- Parties
- Applicant: Mary C. Kemboi; Respondent: The Insurance Company of East Africa (ICEA)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 324 of 1994
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Urgent Applications, Release of Funds, Court Orders, Missing Court Files
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary C. Kemboi
Applicant
The Insurance Company of East Africa (ICEA)
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court can grant the orders sought for release of Kshs.85,000.00 to Judith Jeruto Kemboi without a court order for deposit and terms of release.
- 2 Whether the delay in hearing the application due to a missing court file justifies granting the orders sought.
Ratio Decidendi
The court found that there was no court order on record for the deposit of Kshs.85,000.00 and no terms for its release to Judith Jeruto Kemboi. Without such an order, the court is unable to grant the relief sought. The absence of necessary documentation and clarity in the court file precludes the issuance of the orders requested by the applicant. The application must therefore fail, but the applicant is granted liberty to reapply with all relevant documents attached.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of necessary documentation.
- The applicant is at liberty to reapply attaching all relevant documents.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET MISCELLANEOUS CIVIL APPLICATION NO.324 OF 1994MARY C. KEMBOI ………………………………..…………...……….……… PLAINTIFF
-VERSUS-
THE INSURANCE COMPANY OF EAST AFRICA (ICEA) ………..………………………………………….… DEFENDANTRULING This matter was brought to me with a certificate of urgency. Looking at the certificate of urgency it was dated 10th February 2003. Counsel for the applicant submitted that the court file went missing, that is why there was a delay in fixing the matter for hearing. I also see another certificate of urgency in the court file dated 11th June 2002.
In 2002 the prayers sought were for payment to Anita Jerotich Kemboi a sum of Kshs.75,000. 00 on her attaining the age of majority i.e. 18 years. In that instance the court order signed by the Deputy Registrar for the deposit of the money with Kenya Commercial Bank Limited and its terms for release were contained in that order. It is not clear from the court file what the court decided.
In our present application I do not see the court order for deposit of the sum of Kshs.85,000. 00 and its terms of release to Judith Jeruto Kemboi. I am therefore not able to issue the orders sought. The application therefore must fail. The applicant is at liberty to apply attaching all relevant documents.
Delivered and Dated at Eldoret this 11th day of February, 2004.
………………………………… George Dulu Judge