[2009] KEHC 3654 (KLR)
The court found that Martin Kyalo, formerly known as Malite Kyalo, and Agnes Kyalo, both former minor beneficiaries of a settlement, have now attained majority. The court was satisfied with the evidence provided, including the affidavit explaining the change of name, and determined that the applicants are entitled...
Source-derived case information.
- Citation
- [2009] KEHC 3654 (KLR)
- Parties
- Plaintiff: Mumbi Kyalo; Plaintiff: Kavila Kyalo; Defendant: The Hon. Attorney General; Defendant: Corporal Latili Maingi David; Interested Party: Martin Kyalo; Interested Party: Agnes Kyalo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2964 of 1982
- Procedural Posture
- Civil Case / Ruling on Application for Release of Settlement Funds to Former Minors
- Outcome
- application partly allowed
- Legal Topics
- Settlement Funds, Release of Funds, Minor Beneficiaries, Withdrawal of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mumbi Kyalo
Plaintiff
Kavila Kyalo
Plaintiff
The Hon. Attorney General
Defendant
Corporal Latili Maingi David
Defendant
Martin Kyalo
Interested Party
Agnes Kyalo
Interested Party
Procedural Posture
Civil Case / Ruling on Application for Release of Settlement Funds to Former Minors
Legal Issues
- 1 Whether Martin Kyalo (formerly Malite Kyalo) and Agnes Kyalo, now adults, are entitled to withdraw the balance of monies held for their benefit as former minor beneficiaries of a settlement.
- 2 Whether it is necessary to join Martin Kyalo and Agnes Kyalo as parties to the suit which was previously settled.
Ratio Decidendi
The court found that Martin Kyalo, formerly known as Malite Kyalo, and Agnes Kyalo, both former minor beneficiaries of a settlement, have now attained majority. The court was satisfied with the evidence provided, including the affidavit explaining the change of name, and determined that the applicants are entitled to withdraw the balance of monies held in their respective accounts. The court further held that it was unnecessary to join them as parties to the suit, as the substantive matter had been settled long ago. The application for release of funds was granted, while the request for joinder as parties was declined. No order as to costs was made.
Court Disposition
application partly allowed
Orders
- Martin Kyalo and Agnes Kyalo are permitted to withdraw the balance of the monies in the accounts opened for their benefit with Trade Bank Limited (in liquidation) and now being held at the Central Bank of Kenya.
- Prayer for joinder as parties is declined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2964 of 1982
MUMBI KYALO
2. KAVILA KYALO ……………………………………..PLAINTIFFS
V E R S U S
1. THE HON. ATTORNEY GENERAL
2. CORPORAL LATILI MAINGI DAVID ..……….…DEFENDANTS
1. MARTIN KYALO
2. AGNES KYALO …………………………INTERESTED PARTIES
R U L I N G
On 18th January, 1991 the court herein approved a settlement and made a further order for the investment of the respective shares of the settlement funds of some four beneficiaries who were then minors. These four minors were:-
WAMBUA KYALO - then aged 16 years
MUTHAMI KYALO - then aged 15 years
MALITE KYALO - then aged 13 years
AGNES KYALO - then aged 12 years
The four minors have since attained majority. On 6th July, 1999 the court ordered, following application by chamber summons dated 14th June 1999, that the respective shares of the settlement of WAMBUA KYALO and MUTHAMI KYALO be released to them.
MALITE KYALO and AGNES KYALO have now similarly applied. Malite Kyalo is now called MARTIN KYALO. He appears to have assumed the new name at the time he obtained his natural identity card. He has sworn a supplementary affidavit explaining all this. I am satisfied that the MARTIN KYALO now before the court is the MALITE KYALO who was one of the four minors the beneficiaries of the settlement herein.
I will in the circumstances grant prayer (b) of the application. MARTIN KYALO and AGNES KYALO are hereby permitted to withdraw the balance of the monies in the accounts opened for their benefit with Trade Bank Limited (in liquidation) and now being held at the Central Bank of Kenya. I decline to grant prayer (a). It is not necessary for the two to be joined as parties in this suit which was settled a long time age. There will be no order as to costs of the application.
Those will be the orders of the court.
DATED AT NAIROBI THIS 27TH DAY OF MAY, 2009
H. P. G. WAWERU
J U D G E
DELIVERED THIS 29TH DAY OF MAY, 2009