[2014] KEHC 8017 (KLR)
The court found that the proposed settlement and apportionment, which allocated one third of the total sum to be invested exclusively for the minor beneficiary and another third to be used for the minor's housing, education, and medical needs, adequately protected the interests of the minor. The court was satisfied...
Source-derived case information.
- Citation
- [2014] KEHC 8017 (KLR)
- Parties
- Plaintiff: T N W (Administrator of the estate of J K T, Deceased); Defendant: APA Insurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 521 of 2011
- Procedural Posture
- Civil Suit / Ruling on Approval of Settlement and Apportionment
- Outcome
- Settlement approved; orders issued in terms of the draft order annexed to the supplementary affidavit.
- Judges
- DW Mbuteti
- Legal Topics
- Declaratory Judgment, Settlement Approval, Minor Beneficiary Protection, Apportionment of Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T N W (Administrator of the estate of J K T, Deceased)
Plaintiff
APA Insurance Company Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Approval of Settlement and Apportionment
Legal Issues
- 1 Whether the proposed settlement and apportionment adequately protect the interests of the minor beneficiary.
- 2 Whether the court should approve the terms of settlement as proposed by the parties.
Ratio Decidendi
The court found that the proposed settlement and apportionment, which allocated one third of the total sum to be invested exclusively for the minor beneficiary and another third to be used for the minor's housing, education, and medical needs, adequately protected the interests of the minor. The court was satisfied that the terms of settlement were fair and reasonable, and that the minor would benefit substantially from the arrangement. Accordingly, the court approved the settlement and ordered that the terms set out in the draft order be adopted.
Court Disposition
Settlement approved; orders issued in terms of the draft order annexed to the supplementary affidavit.
Orders
- The terms of settlement as set out in the draft order are approved.
- KShs 1,000,000 to be invested for the minor beneficiary with British American Insurance Company Limited.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL SUIT NO 521 OF 2011
T N W
(Administrator of the estate ofJ K T, Deceased)……….…..…….……….…PLAINTIFF
VERSUS
APA INSRUANCE COMPANY LTD……................................……………………DEFENDANT
R U L I N G
1. The Plaintiff herein obtained judgment in the judgment suit (Nairobi CMCC No 1615 of 2002) for KShs 1,991,100/00 plus costs and interest. She then filed the present declaratory suit for a declaration that the Defendant (the insurer of the defendant in the judgment suit) was liable to satisfy the decree under the relevant law.
2. This declaratory suit has now been compromised at the all-inclusive sum of KShs 3,000,000/00. The court has been asked by originating summons dated 9th October 2013 to approve the settlement on behalf of the minor beneficiary herein called E N K, now aged 14 years. It is proposed that the minor beneficiary’s share of the KShs 3 million be KShs 1 million, the same to be invested for the minor with British American Insurance Company Limited.
3. It has also been proposed that the Plaintiff be allowed to keep KShs 1 million in order to organise better housing for herself and the minor (they are mother and child), and also to cater for the minor’s education and medical needs.
4. Finally it is proposed that the last KShs 1 million be released to the Plaintiff’s advocates, the same being their agreed remuneration for handling and dealing with the entire claim from the beginning. In this regard the Plaintiff has deponed in her supporting affidavit that since inception of the judgment suit and through the present declaratory suit she has relied on funding from her advocates, and she agreed to pay the above fees after successful completion of the case.
5. The main issue here is whether the proposed settlement and apportionment sufficiently caters for the interests of the minor beneficiary. I am satisfied that they do. A third of the settlement sum will be invested exclusively for him. He will also be a very substantial beneficiary of the next one third of the settlement sum.
6. I therefore have no hesitation at all in approving the terms of settlement set out in the draft order annexed to the supplementary affidavit filed on 24th March 2014. An order in terms of the draft order shall issue. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 2ND DAY OF JULY 2014
H.P.G. WAWERU
JUDGE
DELIVERED THIS 4TH DAY OF JULY 2014