[2018] KEHC 1911 (KLR)
The court determined that it could not fairly adjudicate the distribution of the estate without a proper valuation of the properties and documentary evidence regarding any properties already disposed of. The absence of valuation reports and details of disposed properties made it impossible to ensure an equitable...
Source-derived case information.
- Citation
- [2018] KEHC 1911 (KLR)
- Parties
- Petitioner: Mary Musiku Were; Objector: Mary Kubende Were
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 53 of 2003
- Procedural Posture
- Probate and Administration / Ruling on Distribution of Estate
- Outcome
- Directions issued for valuation and evidence gathering before distribution; no final distribution made.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Estate Distribution, Valuation of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Musiku Were
Petitioner
Mary Kubende Were
Objector
Procedural Posture
Probate and Administration / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the estate can be distributed fairly without a valuation of the properties.
- 2 Whether the petitioner has disposed of some properties and the effect on distribution.
Ratio Decidendi
The court determined that it could not fairly adjudicate the distribution of the estate without a proper valuation of the properties and documentary evidence regarding any properties already disposed of. The absence of valuation reports and details of disposed properties made it impossible to ensure an equitable distribution. Therefore, the court ordered both parties to obtain a valuation of all available properties and to provide documentary evidence of any disposed assets, including sale dates, within 60 days. The costs for compliance are to be borne by the estate or shared equally by the parties.
Court Disposition
Directions issued for valuation and evidence gathering before distribution; no final distribution made.
Orders
- All properties available for distribution to be valued and a valuation report filed in court.
- Both parties to provide documentary evidence of disposed properties, including dates of sale agreements.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 53 OF 2003
IN THE ESTATE OF:
CRESENT WERE HEZRON WERE………………….. DECEASED
BETWEEN
MARY MUSIKU WERE……………………………...PETITIONER
AND
MARY KUBENDE WERE………....................................OBJECTOR
RULING
1. Both the petitioner and the objector are widows of the late Cresent Were Hezron Were. They have disagreed on the mode of distribution of the estate on two grounds:
a. That some of the properties have higher value than others; and
b. That the petitioner has already disposed of some of the properties.
2. From my perusal of the record, I have noted that neither party attached any valuation report. This court cannot therefore be able to adjudicate the issue of distribution fairly. I have also not been furnished with details of when the properties disposed of were so done and at what consideration.
3. I am making the following orders:
a. That all properties available for distribution be valued and a valuation report be filed in court.
b. That both parties avail documentary evidence of the disposed properties and same to include the dates when the sale agreements were entered.
c. Both parties have 60 days within which to comply.
d. The costs to meet both requirements shall be borne by the estate of the deceased or in the alternative, both parties to share the same equally.
DELIVEREDandSIGNEDatBUSIA this 27th day of November, 2018
KIARIE WAWERU KIARIE
JUDGE