[2008] KEHC 1644 (KLR)
The court determined that while the purpose of the fixed deposit account is to provide for the minor's upkeep and maintenance, any withdrawal must be supported by adequate evidence. In the absence of a medical report and invoices, the court exercised caution and authorized a partial release of Kshs.100,000 for the...
Source-derived case information.
- Citation
- [2008] KEHC 1644 (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 Suit 203 of 2005
- Procedural Posture
- Civil Suit / Interlocutory Application for Release of Funds
- Outcome
- Partial release of funds granted; further directions issued.
- Legal Topics
- Release of Funds for Minor, Maintenance of Child, Court Control of Minors Property
- 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 Suit / Interlocutory Application for Release of Funds
Legal Issues
- 1 Whether funds held in a fixed deposit account for a minor may be released for the minor's upkeep before attaining majority age.
- 2 Whether sufficient evidence has been provided to justify the release of the requested amount for medical and maintenance expenses.
Ratio Decidendi
The court determined that while the purpose of the fixed deposit account is to provide for the minor's upkeep and maintenance, any withdrawal must be supported by adequate evidence. In the absence of a medical report and invoices, the court exercised caution and authorized a partial release of Kshs.100,000 for the minor's immediate needs, pending production of the required documentation. The court scheduled a further mention to allow the applicant to provide medical reports and invoices to justify any additional withdrawal, thereby balancing the minor's welfare with the need for accountability in the management of the minor's funds.
Court Disposition
Partial release of funds granted; further directions issued.
Orders
- Kshs.100,000 to be released to the applicant for the minor's upkeep.
- Matter to be mentioned on 23rd September 2008 at 9.00am for production of medical report and invoice.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Suit 203 of 2005
RUTH SYOMBUA MUOKA (a minor suing thro’ his father and next friend
JUDAH MUOKA MUSAU)………...................…………………..… PLAINTIFF
VERSUS
KENYATTA NATIONAL HOSPITAL BOARD................… 1ST DEFENDANT
DR. MAKEWA……………...............……………………….. 2ND DEFENDANT
DR. PAMELA OKELLO……...............………………..…… 3RD DEFENDANT
DR. NGA’NGA’……………..............………………..…….… 4TH DEFENDANT
RULING NO. 2
RELEASE OF FUNDS IN A FIXED DEPOSIT ACCOUNT HELD FOR A MINOR
DATED 20 JUNE 2008
I. Background.
1. This court in its first ruling No.1 ordered that the funds held in a Fixed Deposit Account be disclosed to this court for purposes of ascertaining how much funds to be released to the applicants.
2. The advocate for the applicant claims Ksh.250,000/- be released. She has now put before me the balance of account from the bank. This is Kshs.300,000/-.
3. The application of 20 June 2008 states that the reasons for the accounts is that the child was admitted to
St. PetersMedical Clinic.
4. A bill has been incurred for bed charges and fees such as the lab and x-rays. The total sum of the bill on casual counting is Kshs.264,400/-.
5. The purpose of the money interest that may be withdrawn before the child is 18 years, is to provide for the up keep and maintenance of the child.
6. In this application I do not have a doctors report. These is no invoice to support the medical treatment.
7. I would require these further information but in the meantime I hereby order a release of Kshs.100,000/- to the applicant being for purpose of the minors upkeep.
8. I order that this matter be mentioned on
23rd September 2008 at 9. 00am to obtain medical report and invoice from the hospital of treatment incurred.
9. Costs be in the cause
DATED THIS 30TH DAY OF JULY 2008 AT NAIROBI
M.A. ANG’AWA
JUDGE
G.W. Wambugu instructed by W. Wambugu & Co. Advocates for the plaintiff/applicant – decree holder. – present
W.Mwaura instructed by Mwaura Wachira & Co. Advocates for the defendant/Respondent – present