[2018] KEHC 8183 (KLR)
The court exercised its discretion to issue directions aimed at expediting the administration of the deceased's estate, reducing family tension, and ensuring fair process. It ordered a neutral valuation of the estate assets (excluding certain items), mandated cooperation from both petitioners, and set timelines for...
Source-derived case information.
- Citation
- [2018] KEHC 8183 (KLR)
- Parties
- Applicant: Zipporah Mukami; Respondent: Evangiline Ngugi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2017
- Procedural Posture
- Succession Cause / Interlocutory Directions on Administration and Valuation of Estate Assets
- Outcome
- Interlocutory orders issued for valuation, preservation of assets, and procedural timelines.
- Judges
- A Mabeya
- Legal Topics
- Succession Administration, Estate Valuation, Confirmation of Grant, Disputed Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Mukami
Applicant
Evangiline Ngugi
Respondent
Procedural Posture
Succession Cause / Interlocutory Directions on Administration and Valuation of Estate Assets
Legal Issues
- 1 Whether the estate assets should be valued to facilitate fair distribution.
- 2 How to resolve the dispute regarding ownership of specific vehicles.
- 3 What interim measures are necessary to preserve disputed assets pending determination.
Ratio Decidendi
The court exercised its discretion to issue directions aimed at expediting the administration of the deceased's estate, reducing family tension, and ensuring fair process. It ordered a neutral valuation of the estate assets (excluding certain items), mandated cooperation from both petitioners, and set timelines for filing applications and protests. The court specifically addressed the dispute over three vehicles by ordering their preservation in a neutral location, subject to an indemnity undertaking by the applicant, pending determination of their ownership. These measures were taken to balance the interests of both parties, safeguard the estate, and facilitate a just resolution of the...
Court Disposition
Interlocutory orders issued for valuation, preservation of assets, and procedural timelines.
Orders
- Ni-Light Consultants appointed to value estate assets (excluding items 6(i) and (j)) and file report within 21 days.
- Both petitioners to cooperate with the valuer.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 7 OF 2017
IN THE MATTER OF THE ESTATE OF BENSON MURIUNGI (DECEASED)
ZIPPORAH MUKAMI...........................1ST PETITIONER
-VS-
EVANGILINE NGUGI...........................2ND PETITIONER
RULING
1. This matter is taking a rather curious angle. While the court did appoint the two widows of the deceased on 7th February, 2018 in order to reduce the tension between them and sort out the estate, with dispatch, the family seems to tear apart the more.
2. Under Articles 159 of the Constitution of Kenya and section 47 of the Law of Succession Act in order to expedite this matter and sort out the dispute once and for all; I make the following directions:-
(a) I appoint Ni-Light Consultants of telephone No. [Particulars Withheld] from the list supplied by the Deputy Registrar to value all the assets set out on Form No. P & A 5 Paragraph 6 except 6 (i) and (j) and file the report within 21 days of today.
(b) Both the petitioners, without exception do co-operate and assist the valuer in the carrying out of the said valuation.
(c) Leave is granted for the filing of the application for confirmation before the expiry of 6 months.
(d) The 1st petitioner to file and serve the application for confirmation within 14 days of today.
(e) The 2nd petitioner to file and serve her protest within 7 days of service.
(f) Since there is a dispute as to whether the vehicles known as KBC 227G, KBV 423K and KAX 501R belong to the estate or not, that matter is to be decided in the said protest.
(g) In order to preserve the said vehicles, and on the undertaking of the 1st petitioner to fully indemnify the 2nd petitioner for any loss that might be suffered by the 2nd petitioner in the event it is finally found that the vehicles belong to the 2nd petitioner, the said vehicles to be surrendered to a neutral place to be agreed by the parties within 3 days for safe custody at the expense of the estate if it is finally established to belong to the estate.
(h) The undertaking by the first petitioner to be executed, filed in court and served within 3 days of the making of this order.
(i) Mention on 20th March, 2018 for directions on the protest if any.
(j) Liberty to apply.
(k) The costs of the valuer to be in the estate.
Orders accordingly.
DATED and DELIVERED at Meru this 21st day of February, 2018.
A. MABEYA
JUDGE