[2021] KEHC 8929 (KLR)
The court held that Land Parcel No. Mumbuni/Kasinga/2515, having been omitted from the initial distribution, must be included in the estate and distributed in accordance with the principles established in the earlier ruling. The property is to be valued by the Machakos County Valuer, and each house will receive the...
Source-derived case information.
- Citation
- [2021] KEHC 8929 (KLR)
- Parties
- Applicant: Tavitha Wanza Nzau; Applicant: Josiah Kiilu Nzau; Respondent: John Nzioki Nzau; Respondent: Mukulu Nzau Koka
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 582 of 2008
- Procedural Posture
- Succession Cause / Ruling on Distribution of Omitted Estate Asset
- Outcome
- Application allowed in part; omitted property to be valued and distributed equally between the two houses.
- Judges
- GV Odunga
- Legal Topics
- Succession of Estates, Distribution of Estate Assets, Valuation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tavitha Wanza Nzau
Applicant
Josiah Kiilu Nzau
Applicant
John Nzioki Nzau
Respondent
Mukulu Nzau Koka
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Omitted Estate Asset
Legal Issues
- 1 Whether Land Parcel No. Mumbuni/Kasinga/2515 should be included in the estate of the deceased for distribution.
- 2 How the omitted property should be valued and distributed between the two houses.
Ratio Decidendi
The court held that Land Parcel No. Mumbuni/Kasinga/2515, having been omitted from the initial distribution, must be included in the estate and distributed in accordance with the principles established in the earlier ruling. The property is to be valued by the Machakos County Valuer, and each house will receive the portion it occupies or utilises, with any necessary adjustments to ensure equality as previously ordered. The court found no justification to depart from its earlier approach, which emphasised equitable distribution based on occupation and valuation.
Court Disposition
Application allowed in part; omitted property to be valued and distributed equally between the two houses.
Orders
- A valuation of Land Parcel No. Mumbuni/Kasinga/2515 shall be undertaken by the Machakos County Valuer and a report filed in court.
- The property shall be divided equally between the two houses, each house taking the part it occupies or utilises, in accordance with the earlier ruling.
Full Case Text
Judgment text and source record
23 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
(Coram: Odunga, J)
SUCCESSION CAUSE NO. 582 OF 2008
IN THE MATTER OF ESTATE OF STEPHEN NZAU KOKA (DECEASED)
TAVITHA WANZA NZAU.............................1ST PETITIONER
JOSIAH KIILU NZAU.........2ND PETITIONER/APPLICANT
-VERSUS-
JOHN NZIOKI NZAU............1ST OBJECTOR/PROTESTER
MUKULU NZAU KOKA...............................2ND OBJECTOR
RULING
1. On 10th day of December, 2019, this Court delivered a ruling in this Cause in which it directed that the two houses continue occupying and using the properties which are in their occupation and use. However, a valuation of the same was to be undertaken with a view to determining their true value for the purposes of the distribution and once that was undertaken, the house that had an upper hand in terms of the valuation would compensate the other house either through payment of the value to its advantage or by transfer of land commensurate with the said value. The other properties which were not in occupation of either house including the shares would be distributed equally.
2. It has now come to light that Land Parcel No. Mumbuni/Kasinga/2515 also formed part of the estate of the deceased but was inadvertently omitted during the said distribution. The 1st administrator, Josiah Killu Nzau, in his affidavit in support of his application dated 10th November, 2020 proposes that the said parcel be included in the list of the deceased’s assets and be sold at the current market value and the proceeds therefrom be shared equally between the two houses. He has not given any reason for that proposal.
3. On the other hand, Josiah Nzioki Nzau, the 2nd administrator proposes that the said property be valued and the same be shared equally between the two houses pursuant to the ruling of this court aforesaid. His reason for so suggesting is that the two houses have been utilising half portion of the said parcel each.
4. I have considered the foregoing. Pursuant to my said ruling I do not see any reason why I should depart from the spirit of the said ruling. Let a valuation of the said property be undertaken by the Machakos County Valuer and a report be filed herein. Thereafter the said property will be divided equally amongst the two houses each house taking the part occupied or being utilised by itself and be dealt with in accordance with my said earlier ruling.
5. It is so ordered.
6. There will be no order as to costs.
Read, signed and delivered in open Court at Machakos this 23rd day of February, 2021.
G V ODUNGA
JUDGE
In the Presence of:
Mr Mukula for Mrs Nzei for the 1st Administrator/Applicant
CA Geoffrey