[2024] KEHC 15995 (KLR)
The court found that the parties were unable to agree on a single joint valuer for the identification and valuation of the estate's assets, as previously directed. The 2nd Administrator is entitled to appoint a valuer for the 2nd house if consensus on a joint valuer cannot be reached. The court reaffirmed that the...
Source-derived case information.
- Citation
- [2024] KEHC 15995 (KLR)
- Parties
- Applicant: James Kiprotich Biagon; Applicant: Christopher Kiptoo Toweett; Applicant: Peter Kiptoo Tannui; Applicant: Anna Kamaya Toweett
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 189 of 2011
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for appointment of valuers, financing of valuation, and expedited administration of the estate.
- Judges
- HM Nyaga
- Legal Topics
- Estate Administration, Valuation of Estate Assets, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kiprotich Biagon
Applicant
Christopher Kiptoo Toweett
Applicant
Peter Kiptoo Tannui
Applicant
Anna Kamaya Toweett
Applicant
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the parties can agree on the appointment of a joint valuer for the estate properties.
- 2 How the costs of valuation and identification of estate assets should be financed.
- 3 What steps should be taken to expedite the administration of the estate.
Ratio Decidendi
The court found that the parties were unable to agree on a single joint valuer for the identification and valuation of the estate's assets, as previously directed. The 2nd Administrator is entitled to appoint a valuer for the 2nd house if consensus on a joint valuer cannot be reached. The court reaffirmed that the costs of valuation are to be borne by the estate, not by external sponsors. To resolve the impasse and expedite the process, the court directed the 2nd house to appoint their valuer within 14 days and for both valuers to file their reports within 30 days of appointment. Recognizing the lack of resources among beneficiaries, the court further directed the administrators to agree...
Court Disposition
Directions issued for appointment of valuers, financing of valuation, and expedited administration of the estate.
Orders
- The 2nd house to appoint their valuer within 14 days from the date of the order.
- The respective valuers to file their reports in court within 30 days of appointment.
Full Case Text
Judgment text and source record
30 paragraphs
In re Estate of Towett Taita (Deceased) (Succession Cause 189 of 2011) [2024] KEHC 15995 (KLR) (16 December 2024) (Directions)
Neutral citation: [2024] KEHC 15995 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 189 of 2011
HM Nyaga, J
December 16, 2024
IN THE MATTER OF THE ESTATE OF THE LATE TOWETT TAITA (DECEASED)
ADMINISTRATORS: -
In the matter of
James Kiprotich Biagon
1st Administrator
Christopher Kiptoo Toweett
2nd Administrator
Peter Kiptoo Tannui
3rd Administrator
Anna Kamaya Toweett
4th Administrator
Directions
1. On 12th July 2024, this court issued the following orders: -i.That it is apparent that the estate is vast and the status of some properties is unknown.ii.That I think that the best place to start, even before the confirmation begins, is to ascertain the status of each property.iii.That the Joint Administrators to propose an expert to identify and value the land. If there is no agreement on the joint valuer, then the 2nd House can get a valuer of their own.iv.That in the meantime the families are to remain in their respective places where they were settled as they await the next steps to be undertaken.v.That consequently, no subdivision, survey or excision of any property should take place until the court has issued further orders.vi.That the exercise to be carried out in 3 months.vii.That the costs to be borne by the estate.viii.Further mention on 18th September,2024.
2. On 18th September,2024, the Counsel for the 1st ,3rd and 4th Administrators told court that pursuant to the above orders, they appointed Applecross Ltd as their valuer and it provided a quotation for its fees. That her clients secured three sponsors who are ready to sponsor the exercise and identify all the estate’s assets but the 2nd Administrator was opposed to the same and as such the process has stalled.
3. The 2nd Administrator herein told court that his reasons for opposition was that the agreement included non- administrators. He also stated that he has provided his proposal and he is not opposed to the valuer being appointed but proposed that valuer of the second house be appointed too.
4. It is apparent from order no.3 above that parties were to appoint a joint valuer to identify and value the land and the 2nd house was to appoint their valuer if they couldn’t agree on a joint one. It is also apparent the parties herein cannot agree on a single valuer to carry out the joint valuation. Therefore, the 2nd administrator needs to move with haste to secure their choice of valuer.
5. I had also directed that the costs of valuation are to be borne by the estate. In view of the above, it is not clear why the 1st,3rd and 4th Administrators secured three sponsors to finance the exercise of identification and valuation of the estate’s assets.
6. There is a clear need to expedite the process given that this matter has already been in court for a long time. Long delays in estate administration can result in increased costs, frustration among the parties involved, and potential damage to the estate’s value.
7. In the circumstances therefore I direct the 2nd House to appoint their valuer within 14 days from the date hereof and thereafter the respective valuers appointed to file their reports in court within 30 days of appointment.
8. Since there is an apparent lack of resources on the part of the beneficiaries, I further direct that the administrators agree on the sale of one of the known properties of the deceased in order to finance the exercise. Leave will be granted by the court to dispose of the said property once agreed. Should they not agree, they can give proposals for the court to make a determination. That amount will be used to source for an investigator to locate all the other property forming the estate.
9. I believe these directives will go a long way to resolve the matter so that the beneficiaries can get their respective share of the estate.
10. Orders accordingly.
SIGNED AND DELIVERED (VIRTUALLY) AT MERU THIS 16THDAY OF DECEMBER 2024H. M. NYAGAJUDGE.In the Presence of;