Kiika v Coffee Marketing Board (Civil Suit 395 of 1988)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted an application under Section 101 of the Civil Procedure Act to vary previous directions for payment of judgment monies to infant beneficiaries. The court directed that Shs. 5,925,000/= should be paid to the applicant grandfather rather than the Public Trustee, to be deposited at Uganda Commercial Bank on a deposit account for the children's education and maintenance, with liberty to seek further court guidance.
Outcome
Previous judgment directions varied to allow applicant to administer judgment funds for infant beneficiaries under court supervision rather than through the Public Trustee
Facts
The court had previously given judgment on 4th August 1992 in favour of the decree holder/applicant arising from a motor traffic accident causing the death of Kajura. Two infant beneficiaries, Kasamba and Nalugo (children of the deceased), were entitled to share Shs. 5,925,000/= equally. The court had directed that the sum be paid to the Public Trustee for administration. The applicant, who is the grandfather of the two children and their current custodian, subsequently applied to vary those directions. The children's mother had deserted them soon after their father's death. The applicant was in his late 60s and submitted that it was cumbersome and expensive for the money to be administered by the Public Trustee, arguing that fixed deposit at Uganda Commercial Bank would generate better interest and reduce the need for numerous journeys to the Public Trustee. The Administrator General (Public Trustee) did not oppose the application, citing that the Public Trustee was overburdened with many similar estates.
Issues
- Whether the court should vary its previous direction that judgment monies for infant beneficiaries be administered by the Public Trustee and instead allow the applicant to administer the funds under court supervision.
Orders
- Application granted.
- Amount due to the two infant children to be paid to the applicant Paul Kiika.
- Money to be deposited at Uganda Commercial Bank, Mityana Branch, on a deposit account and operated for the benefit of the two children particularly their education maintenance and other concomitant matters.
- If there is a possibility of investing the money in a commercial building in a suitable area, that should be considered.
- Applicant or the children or any of the children shall be at liberty to seek directions from the court to vary these orders as the court is vested with powers to control guardians and estates of infants under Section 9 of the Judicature Act 1967.
- No order as to costs.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.