[2023] KEHC 3238 (KLR)
The court found that the applicant had complied with the judgment by proposing valuers after the parties failed to agree, and that the respondent had neither entered appearance nor participated in the process despite service. To give effect to the judgment and ensure the property is valued and sold as previously...
Source-derived case information.
- Citation
- [2023] KEHC 3238 (KLR)
- Parties
- Applicant: AMM; Respondent: CMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 20 of 2015
- Procedural Posture
- Civil Case / Post Judgment Application for Appointment of Valuer and Ancillary Orders
- Outcome
- Application allowed; valuer appointed; ancillary orders granted to facilitate valuation and sale of matrimonial property.
- Judges
- EKO Ogola
- Legal Topics
- Matrimonial Property Division, Joint Ownership, Property Valuation, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AMM
Applicant
CMM
Respondent
Procedural Posture
Civil Case / Post Judgment Application for Appointment of Valuer and Ancillary Orders
Legal Issues
- 1 Whether the court should appoint a valuer for the matrimonial property after parties failed to agree on one.
- 2 Whether the respondent should be compelled to grant access for valuation and cooperate with the sale process.
- 3 How the costs of valuation and sale should be apportioned between the parties.
Ratio Decidendi
The court found that the applicant had complied with the judgment by proposing valuers after the parties failed to agree, and that the respondent had neither entered appearance nor participated in the process despite service. To give effect to the judgment and ensure the property is valued and sold as previously ordered, the court exercised its discretion to appoint Mak Property Company as the valuer. The court further ordered that both parties bear the valuation costs equally, that the respondent grant access for valuation (with police supervision if necessary), and that both parties may seek buyers. The respondent is required to execute transfer documents, failing which the Deputy...
Court Disposition
Application allowed; valuer appointed; ancillary orders granted to facilitate valuation and sale of matrimonial property.
Orders
- Mak Property Company appointed as valuer for LR No Nairobi/Block XXXX and developments thereon.
- Valuation costs to be borne equally by both parties; reimbursement mechanism provided if one party pays full cost.
Full Case Text
Judgment text and source record
24 paragraphs
AMM v CMM (Civil Case 20 of 2015) [2023] KEHC 3238 (KLR) (Family) (26 January 2023) (Ruling)
Neutral citation: [2023] KEHC 3238 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Civil Case 20 of 2015
EKO Ogola, J
January 26, 2023
Between
AMM
Applicant
and
CMM
Respondent
Ruling
1. The Applicant and the Respondent got married on November 3, 2000 and dissolved the said marriage on April 22, 2014. During the subsistence of their marriage, they purchased LR No Nairobi/Block XXXX and constructed a five-bedroomed house which became their matrimonial home.
2. After dissolving their marriage, the Applicant filed this suit claiming she contributed to both the purchase of the subject property which is registered in both their names and the construction of their matrimonial home.
3. The Respondent did not enter appearance in this case despite service.
4. As per the Judgment delivered on June 2, 2022 by Muchelule J (as he then was), the subject property and all the developments thereon were declared to be owned jointly and in equal shares by the parties. It was further ordered that the subject property be valued and sold, and the proceeds shared equally between the parties. The parties were to agree on a valuer within 30 days after the date of the Judgment, failing which each party was to propose two valuers from which the Court would pick one.
5. On July 12, 2022, the Applicant’s advocates wrote a letter to the Court stating that the parties have failed to agree on a valuer, and the counsel proposed two valuers: Mak Property Company and Nishani Management Company.
6. Based on this letter and the Judgment delivered on June 12, 2022, the Applicant made an oral Application before this Court. She prayed that the Court chooses one valuer out of the two proposed; that the valuers be allowed into the subject property; and that the Officer in charge of the Industrial Area Police Station do supervise the valuation.
7. The grounds upon which the Application is premised are that the Respondent had neither entered appearance nor proposed a valuer despite being served with the Court’s Decree.
8. I have considered the record herein and the oral Application of the Applicant. I am satisfied that the Applicant has made a case for the orders which I make as follows: -a)That Mak Property Company of PO Box 46990-00100 Nairobi be appointed as Valuer to value LR No Nairobi/Block XXXX and the developments thereon.b)That cost of the Valuers be borne by both parties in equal measure. If one party meets the entire cost, the same shall be reimbursed during the sharing of the proceeds of the sale.c)That the Respondent give access to the Valuers to survey and value LR No Nairobi/Block XXXX and the developments thereon. In default, the Officer in charge of the Industrial Area Police Station shall supervise the valuation.d)That both parties be at liberty to look for buyers of LR No Nairobi/Block 93/1522 and the developments thereon.e)The Respondent shall execute the transfer and other required documents to perfect the intended sale. In default, the Deputy Registrar of the Family Division, High Court of Kenya is hereby authorized to sign and execute any transfer documents in place of the Respondent in favour of the prospective purchaser.f)That the purchase price from LR No Nairobi/Block 93/1522 and the developments thereon shall be settled in proportions of 50% - 50%.g)No orders as to costs.Orders shall issue accordingly.
DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF JANUARY 2023E.K. OGOLAJUDGEIn the presence of:M/s Mukami for the ApplicantN/A for the RespondentGisiele Muthoni Court Assistant.