[2008] KEHC 3283 (KLR)
The court found that the applicants had complied with the court's directions by producing proof of ownership and a valuation report for the Eastleigh property, confirming its value at KShs.9,500,000. The protestor, Naomi Njoki Kimani, failed to provide a credible or substantiated account of the rent collected from...
Source-derived case information.
- Citation
- [2008] KEHC 3283 (KLR)
- Parties
- Applicant: Mary Njeri Kimani; Applicant: Beth Wariara Kimani; Respondent: Naomi Njoki Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 2165 of 1996
- Procedural Posture
- Succession Cause / Final Judgment
- Outcome
- Estate properties distributed among the three houses; compliance with court orders required for transfer; parties to bear own costs.
- Judges
- KH Rawal
- Legal Topics
- Distribution of Estate, Administration of Estates, Valuation of Property, Accounting of Rents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njeri Kimani
Applicant
Beth Wariara Kimani
Applicant
Naomi Njoki Kimani
Respondent
Procedural Posture
Succession Cause / Final Judgment
Legal Issues
- 1 Whether the properties listed and not listed in the deceased's wishes form part of the estate for distribution.
- 2 Whether the protestor, Naomi Njoki Kimani, complied with the court's order to account for rent collected from estate property.
- 3 How the estate properties should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the applicants had complied with the court's directions by producing proof of ownership and a valuation report for the Eastleigh property, confirming its value at KShs.9,500,000. The protestor, Naomi Njoki Kimani, failed to provide a credible or substantiated account of the rent collected from the estate property and did not pay the required dues. The court accepted the applicants' evidence that the rent collected from 1993 amounted to KShs.2,675,200 as at December 2007, with additional sums due for land rates and water bills. The court ordered the distribution of the estate properties among the three houses, taking into account properties previously acquired for...
Court Disposition
Estate properties distributed among the three houses; compliance with court orders required for transfer; parties to bear own costs.
Orders
- Estate properties to be distributed as specified among the houses of Mary Njeri Kimani, Beth Wariara Kimani, and Naomi Njoki Kimani.
- Naomi Njoki Kimani's share to be reduced if she fails to avail the other houses their respective shares of the Eastleigh property; her allocated properties not to be transferred until settlement.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 2165 of 1996
IN THE MATTER OF THE ESTATE OF KIMANI WAYNORO – DECEASED
FINAL JUDGMENT
After I made my ruling on 15th November, 2006 the parties herein were required:-
1. To produce certificate of search and/or documents of ownership of the properties which were mentioned in the last wishes of the deceased. D Ex. 2 and 2A
2. To produce valuation of L.R. No.36/11/222 situate at Eastleigh, Nairobi and
3. The protestor Naomi Njoki Kimani was to produce an account of rent.
The two Applicants namely; Mary Njeri Kimani and Beth Wariara Kimani produced proof of ownership of estate properties as directed as well as produced valuation report of the Eastleigh property vide affidavit sworn on 11th January, 2007.
I am thus satisfied that the properties listed and/or not listed in the wishes of the deceased were estate properties and that as per the valuation report the Eastleigh property is valued at Shs.9,500,000.
The Protestor made a very feeble and unjustified attempt to give the account of the rent collected by her over the specified years. She, contrary to her averments, did not pay dues on the said property and to add insult to injury, was bold enough to show expenses for the benefit of her family as expenses of the estate. In her affidavit she has not even tried to substantiate her account. In my view, she has failed to obey the order of the court.
On the other side, the two Applicants have shown, as per affidavit sworn on 17th April, 2007 that the rent collected as from 1993 is Shs.15,200 per month. Moreover it is also shown therein that a sum of Shs.797,000 is due and payable in respect of land rates and water bills. The amount collected by Naomi thus shall come to KShs.2,675,200 as at December, 2007. That amount shall be increased if the same is to be updated upto December, 2008.
With these facts, I agree with the submissions made by Mr. K. Muriithi the learned counsel for the Applicants. I made the following orders as to distribution of the estate properties:
A. House of Mary Njeri Kimani:
i.LR No. LARI/KIREITA/T.106
ii. LR No. LARI/KIREITA/T.107
iii. LR No. LARI/KIREITA/T.81
iv. LR No.LARI/KIAMBAA/264
v. Part of LR No.LARI/KAMBAA/83
vi. ? share of LR No. LARI/KIRENGA/T.105
vii. ? of LR No.36/11/222 Eastleigh – Nairobi or its equivalent value
viii. ? share of the rents collected by the Protestor, Naomi Njoki Kimani.
ix. ? share of KShs.588,264/65 held by the Public Trustee (see the order issued by this Court on 14th July, 2004)
x. ? share of Shares with Barclays Bank of (K) Ltd.
B. House of Beth Wariara:
i. LR No. LARI/KIREITA/T.105
ii. LR No. LARI/KIREITA/T.110
iii. Portion of LR. No.LARI/KAMBAA/83
iv. ? share of LR No. LARI/KIRENGA/T.105
v. ? share of LR No.36/11/222 Eastleigh – Nairobi or its equivalent value
vi. ? share of the rents collected by the Protestor, Naomi Njoki Kimani.
vii. ? share of KShs.588,264/65 held by the Public Trustee (see the order issued by this Court on 14th July, 2004)
viii. ? share of Shares with Barclays Bank of (K) Ltd.
C House of Naomi Njoki Kimani
i. LR. No.LARI/KIREITA/219
ii. Strip of Six feet of LR. No.LARI/KAMBAA/83
iii. ? share of LR No. LARI/KIRENGA/T.105
iv. ? share of LR No.36/11/222 Eastleigh – Nairobi or its equivalent value
v. ? share of the rents collected by the Protestor, Naomi Njoki Kimani.
vi. ? share of KShs.588,264/65 held by the Public Trustee (see the order issued by this Court on 14th July, 2004)
vii. ? share of Shares with Barclays Bank of (K) Ltd.
I also note that the aforesaid distributions does take into account the purchase of two properties in the name of Naomi by the deceased during his life time i.e. a stall and business at Wakulima Market, Nairobi and LR. No.Maela/Ndabibi/892 whereon a semi permanent house was also constructed by the deceased.
I further order that in the event that Naomi fails to avail to the other two houses their respective shares of Eastleigh properties, then her share would be proportionately reduced to the amount actually found to be due and payable by her to other two houses. Till the same is settled the properties given to her shall notbe transferred in her names.
The parties to pay their respective costs.
Dated and signed at Nairobi this 15th day of April, 2008.
K.H. RAWAL
JUDGE
15. 4.08