RUTH SYOMBUA MUOKA (a minor ) v KENYATTA NATIONAL HOSPTIAL BOARD & 3others [2008] KEHC 1901 (KLR)
- Court
- High Court of Kenya
- Case number
- 1901
- Citation
- [2008] KEHC 1901 (KLR)
- Decided
- 16 July 2008
The court ruled that the balance of the account must be disclosed before an order is made, and that the bank must provide the actual balance sum held in the fixed deposit account A/c 002d41080640001 in the joint names of the guardians before an order is made.
Facts
The plaintiff, a minor, was awarded damages for personal injury resulting from an amputation of the arm due to hospital negligence. A fixed deposit account was established for the capital sum of Ksh.3,726,000/- until the minor attains the age of 18.
Issues
- Whether a sum of Ksh.250,000/- can be released from the fixed deposit account held for the minor
- Whether the balance of the account must be disclosed before an order is made
Reasoning
The court has previously ruled that before an application is heard, the balance of the account must be disclosed to the parties and the court to ensure the court remains within the limits of the capital sum.
Outcome
The application for the release of Ksh.250,000/- was granted.
Orders
- The bank must provide the actual balance sum held in the fixed deposit account A/c 002d41080640001 in the joint names of the guardians before an order is made.
- Orders be executed by the Deputy Registrar.
Remedies
- The balance of the account must be disclosed before an order is made.
Loading judgment…