[2018] KEHC 7725 (KLR)

[2018] KEHC 7725 (KLR)

The court directed that the motor vehicles in dispute be valued by A.A., with the process coordinated by the parties' advocates, to ensure accurate assessment of the estate's assets prior to distribution. The court further allowed both petitioners to file additional affidavit evidence within specified timelines to...

Source-derived case information.

Citation
[2018] KEHC 7725 (KLR)
Parties
Applicant: Zipporah Mukami; Respondent: Evangeline Ngugi Mbobua
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 7 of 2017
Procedural Posture
Succession Cause / Directions Prior to Hearing of Protest
Outcome
Directions issued for valuation, filing of further affidavits, and scheduling of protest hearing.
Judges
A Mabeya
Legal Topics
Succession, Estate Administration, Valuation of Assets
Source Language
en
Family and Children Succession Estate Administration Valuation of Assets

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Summary, issues, holding and outcome

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Parties

Zipporah Mukami

Applicant

Evangeline Ngugi Mbobua

Respondent

Procedural Posture

Succession Cause / Directions Prior to Hearing of Protest

Legal Issues

  1. 1 Whether the subject motor vehicles should be valued before distribution of the estate.
  2. 2 Whether the parties should be allowed to file further affidavit evidence before the hearing of the protest.
  3. 3 The appropriate mode of hearing the protest.

Ratio Decidendi

The court directed that the motor vehicles in dispute be valued by A.A., with the process coordinated by the parties' advocates, to ensure accurate assessment of the estate's assets prior to distribution. The court further allowed both petitioners to file additional affidavit evidence within specified timelines to ensure all relevant facts are before the court. The protest is to be heard by viva voce evidence, ensuring a fair and transparent process. The directions are aimed at facilitating an orderly and just determination of the protest regarding the estate of the deceased.

Court Disposition

Directions issued for valuation, filing of further affidavits, and scheduling of protest hearing.

Orders

  • Motor vehicles to be valued by A.A. with arrangement by counsels; valuation to be completed by 21/03/18 and vehicles released to 2nd Petitioner.
  • Order of 21/02/18 on valuation of the estate extended for 21 days from 20/03/18.