[2016] KEHC 3642 (KLR)
The court found that the independent valuation conducted by the Nakuru County District Valuer, which was ordered by the court and reaffirmed upon the respondent's request for a second valuation, was professionally sound and unchallenged by credible evidence. The court declared the open market value of the...
Source-derived case information.
- Citation
- [2016] KEHC 3642 (KLR)
- Parties
- Appellant: EMK; Respondent: WN A
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 65 of 2013
- Procedural Posture
- Civil Appeal / Post Judgment Valuation and Enforcement
- Outcome
- Application for declaration of property value allowed; parties to proceed with division as per judgment.
- Legal Topics
- Matrimonial Property Division, Property Valuation, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EMK
Appellant
WN A
Respondent
Procedural Posture
Civil Appeal / Post Judgment Valuation and Enforcement
Legal Issues
- 1 Whether the court should accept the independent valuation of the matrimonial property as the basis for division of proceeds.
- 2 Whether the parties are bound by the professional valuation conducted by the Nakuru County District Valuer.
Ratio Decidendi
The court found that the independent valuation conducted by the Nakuru County District Valuer, which was ordered by the court and reaffirmed upon the respondent's request for a second valuation, was professionally sound and unchallenged by credible evidence. The court declared the open market value of the matrimonial property to be Kshs. 1,800,000, as per the valuer's report. The parties were directed to proceed in accordance with the original judgment, which provided for equal division of the proceeds and the option for either party to buy out the other at the declared value. The court's decision was grounded in the need for finality, fairness, and adherence to the principles governing...
Court Disposition
Application for declaration of property value allowed; parties to proceed with division as per judgment.
Orders
- The open market value of the matrimonial property is declared to be Kshs. 1,800,000.
- Parties to proceed to exercise the options stated in the judgment of 18th September 2014, including sale and equal division or buy-out at market value.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
INTHE HIGH COURT OF KENYA AT NAKURU
CIVIL CASENUMBER 65 OF 2013
EMK............................................APPELLANT
VERSUS
WN A........................................RESPONDENT
RULING
1. On the 18th September 2014, this Court (Honourable M. Anyara Emukule, J) delivered judgment in the matter of the Matrimonial Property herein being LR Kiambogo/Kiambogo Block [particulars withheld]that the said property was acquired through joint efforts by the parties during the subsistence of their marriage, and directed that all the developments thereon be valued, sold at market value and the proceeds be divided equally between the Applicant and the Respondent, and further directed that upon valuation, either party may be given priority to buy out each other.
Following the court's judgment, two valuations were prepared by each of the two parties. Both parties came up with valuations that were at variance and not acceptable to them.
2. On the 11th March 2015, the court made an order that the Nakuru County(District) Valuer do undertake an independent valuation on the property to determine its market value.
Pursuant to the said order, the Nakuru County District Valuer, one Mr. J.S. Wanjie visited the premises and undertook a valuation. He filed his report dated 6th May 2015. He reported a current open market value of Kshs.1,800,000/=.
When the matter came up in court on the 11th November 2015, it was reported that the respondent did not accept the valuation report dated 6th May 2015 alleging that he was not present or involved in the valuation. He sought for another valuation report. The court ordered for a second valuation report to be prepared by the same District Valuer.
3. On the 31st May 2016, the Nakuru County District Valuer Mr. J.S Wanjie filed a letter dated the 4th March 2016 and stated:
“Having earlier carried out valuation mentioned above, and having considered all due professional diligence and prudence, I still wish to retain the same capital value returned on the property, in the above quoted report, dated 6thMay 2015, that is, at Kshs.1,800,000/= (One Million, Eight Hundred Thousand).
4. The court, going by the above professional valuation of the suit property shall, declares the current open market value of the property to be Kshs.1,800,000/=. Parties may now proceed to exercise the options stated in the judgment of the court dated the 18th September 2014.
Dated, signed and delivered in open court this 14thday of July 2016.
JANETMULWA
JUDGE