[2016] KEHC 1151 (KLR)
The court held that all properties listed in both form P & A5 and the affidavit of protest must be valued, regardless of current disputes over ownership or inclusion in the estate. The rationale is that omitting any property from valuation could undermine equitable distribution if the court later finds such property...
Source-derived case information.
- Citation
- [2016] KEHC 1151 (KLR)
- Parties
- Applicant: Marriam Muthoni Njuguna; Applicant: Morrison Ngugi Njuguna; Respondent: Lucy Wanjiku Njuguna
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2011
- Procedural Posture
- Succession Cause / Ruling on Valuation of Estate Assets Prior to Confirmation of Grant
- Outcome
- Valuation of all listed properties ordered prior to confirmation of grant; further directions to follow post-valuation.
- Judges
- AG Ndung'u
- Legal Topics
- Succession, Estate Distribution, Valuation of Estate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marriam Muthoni Njuguna
Applicant
Morrison Ngugi Njuguna
Applicant
Lucy Wanjiku Njuguna
Respondent
Procedural Posture
Succession Cause / Ruling on Valuation of Estate Assets Prior to Confirmation of Grant
Legal Issues
- 1 Whether all properties listed in form P & A5 and the affidavit of protest should be valued as part of the deceased's estate.
- 2 Whether properties claimed by one widow as personally acquired should be excluded from valuation.
Ratio Decidendi
The court held that all properties listed in both form P & A5 and the affidavit of protest must be valued, regardless of current disputes over ownership or inclusion in the estate. The rationale is that omitting any property from valuation could undermine equitable distribution if the court later finds such property to be part of the estate. The determination of whether any property is not available for distribution should be based on evidence and made at a later stage. The court directed that valuation be conducted within sixty days, with costs borne by the estate, and that proceedings be typed to facilitate judgment after valuation.
Court Disposition
Valuation of all listed properties ordered prior to confirmation of grant; further directions to follow post-valuation.
Orders
- All properties named in form P & A5 and in the affidavit of protest to be valued.
- Valuation to be undertaken within sixty (60) days.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO. 16 OF 2011
IN THE MATTER OF THE ESTATE OF EVANSON NJUGUNA NGINGI Alias EVANSON NJUGUNA NGUGI (DECEASED)
MARRIAM MUTHONI NJUGUNA………..………….............1ST PETITIONER
MORRISON NGUGI NJUGUNA..............................................2ND PETITIONER
VERSUS
LUCY WANJIKU NJUGUNA………………………...…......…........OBJECTOR
RULING
Summons for confirmation of grant on the above petition dated 18th September, 2012 were taken out by Marriam Muthoni Njuguna and Morrison Ngugi Njuguna. They put forth their proposed mode of distribution of the estate of the deceased.
The protestor, Lucy Wanjiku Njuguna filed an affidavit of protest sworn on 6th May, 2013 and equally gave her proposal, on the mode of distribution.
This court faced with two rival proposals, directed that the issue of distribution of the estate be determined by way of viva voce evidence.
On conclusion of the evidence the Judge directed that the properties forming part of the estate of the deceased be valued. The parties have been unable to agree on which properties these constitute.
One widow, Miriam Njuguna contends that properties registered in her names, which she claims to have bought should not be subjected to valuation as they do not form part of the deceased's estate.
The list of assets forming the deceased's estate are listed in form P & A5 as:
(a) Nyandarua/Silanga/24
(b) Kampi ya Moto Menengai Block 2/583
(c) Solai/Kirima Block 2/50
(d) LR No. 61/13 & 14 Intercity General Co. Ltd.
(e) LR No. 9110 (N.W. Elburgon Township)
The affidavit of protest includes some additional assets being:
(a) Menengai - 20 acres
(b) Rongai Mangu - (5 acres)
(c) Turi plot 9110 - (5 acres)
(d) Githurai Mniboko plot No. (196 X 40 X 60)
On the material before me, I am persuaded that all the properties listed in P & A5 and in the affidavit of protest need to be valued.
The determination of whether a property is not available for distribution is better left to the evidence on record.
Omitting any property from the valuation exercise may not aid the cause of equitable distribution should such a property be ultimately found by the court to be available for distribution.
With the result that:
1. All the properties named in the form P & A5 and in the affidavit of protest be valued.
2. The valuation be undertake within the next sixty (60) days.
3. That a valuer be agreed upon by the parties.
4. That costs of the valuation be borne out of the estate.
5. In the meantime, proceedings herein be typed to facilitate judgment writing after valuation.
6. The matter be mentioned on any day after sixty (60) days hereof for further directions.
Dated, Signed and Delivered at Nakuru this 16th day of June, 2016.
A. K. NDUNG'U
JUDGE