[2008] KEHC 1901 (KLR)
The court held that, in accordance with established practice and legal requirements, the capital sum awarded to a minor must remain intact in a fixed deposit account until the minor reaches the age of 18. Withdrawals from this account, other than interest for the minor's upkeep, are not permitted unless the court is...
Source-derived case information.
- Citation
- [2008] KEHC 1901 (KLR)
- Parties
- Plaintiff: Ruth Syombua Muoka (a minor suing thro’ his father and next friend Judah Muoka Musau); Defendant: Kenyatta National Hospital Board; Defendant: Dr. Makewa; Defendant: Dr. Pamela Okello; Defendant: Dr. Nga’nga’
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 203 of 2005
- Procedural Posture
- Civil Case / Ruling on Application for Release of Funds
- Outcome
- Application for release of funds deferred pending disclosure of account balance.
- Legal Topics
- Minor Settlement, Court Controlled Funds, Personal Injury Damages, Withdrawal of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Syombua Muoka (a minor suing thro’ his father and next friend Judah Muoka Musau)
Plaintiff
Kenyatta National Hospital Board
Defendant
Dr. Makewa
Defendant
Dr. Pamela Okello
Defendant
Dr. Nga’nga’
Defendant
Procedural Posture
Civil Case / Ruling on Application for Release of Funds
Legal Issues
- 1 Whether the court should allow the release of Ksh.250,000 from the minor's fixed deposit account to her parents for medical reasons.
- 2 Whether the balance of the account must be disclosed before any withdrawal order is made.
Ratio Decidendi
The court held that, in accordance with established practice and legal requirements, the capital sum awarded to a minor must remain intact in a fixed deposit account until the minor reaches the age of 18. Withdrawals from this account, other than interest for the minor's upkeep, are not permitted unless the court is fully apprised of the account balance to ensure the capital is not depleted. The court therefore directed that the bank must disclose the actual balance in the fixed deposit account before any order for withdrawal can be made. This ensures judicial oversight and protection of the minor's interests, balancing the need for access to funds for urgent needs with the statutory...
Court Disposition
Application for release of funds deferred pending disclosure of account balance.
Orders
- I & M Bank to provide the actual balance held in fixed deposit account 002d41080640001 in the joint names of Judah Muoka Musai and Pauleen Kamene before any withdrawal order is made.
- Orders to be executed by the Deputy Registrar.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 203 of 2005
RUTH SYOMBUA MUOKA (a minor suing thro’ his father
and next friend JUDAH MUOKA MUSAU) ….….....………….. PLANTIFF
VERSUS
KENYATTA NATIONAL HOSPTIAL BOARD …..…. 1ST DEFENDANT
DR. MAKEWA …….…….........….................................. 2ND DEFENDANT
DR. PAMELA OKELLO ………………..…………….. 3RD DEFENDANT
DR. NGA’NGA’ ……...…………………………………….. 4RD DEFENDANT
RULING
APPLICATION SEEKING ORDERS OF COURT TO RELEASE
FUNDS IN A FIXED DEPOSIT ACCOUNT HELD FOR THE MINOR
DATE 20 JUNE 2008
I)Background
1. On the 29 June 2006 I awarded damages to a minor female aged 3 month old in September 2004 for personal injury resulting to an amputation of the arm due to the Hospital negligence by a government hospital.
2. A total sum of Ksh.3. 726,000/- was awarded. As required by law the capital sum therein must be invested in a fixed deposit account until the minor attains the age of 18 years. The guardians, who must be a minimum of two are not to touch this sum of money. They are nonetheless permitted to access the interest accrued on the said sum for the upkeep of the minor.
II: Application 20 June 2008
3. The applicant brings this current application seeking orders that a sum of Ksh.250,000/- be released to the parents of the minor. The reasons being that the minor is very ill.
III: Opinion
4. This court has ruled elsewhere in similar application that before an applications is heard the balance of the account at the bank must be disclosed to the parties and the court, in order that the court in allowing a withdrawal, remains within the limits of the capital sum.
5. I would accordingly rule that the bank I and M Bank do provide the actual balance sum held in a fixed deposit A/c 002d41080640001 in the joint names of the guardians Judah Muoka Musai and Pauleen Kamene before an order is made. Orders be executed by the Deputy Registrar.
6. This matter be mentioned on 21 July 2008 at 8. 45 a.m.
DATED THIS 16TH DAY OF JULY 2008 AT NAIROBI.
M.A. ANG’AWA
JUDGE
G.W. Wambugu instructed by Wambugu & Co. AdvocateS decree holder/applicant – present
Mingi N instructed by Mwaura & Mwaura Co. Advocates for the judgment debtor/respondent - present