Case ID:171274

In re Estate of Stephen Nzau Koka (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 582 of 2008

Parties:

In re Estate of Stephen Nzau Koka (Deceased)

Date Delivered:

23 Feb 2021

Case Class:

Civil

Court:

High Court at Machakos

Case Action:

Ruling

Judge(s):

George Vincent Odunga

Citation:

In re Estate of Stephen Nzau Koka (Deceased) [2021] eKLR

Advocates:

Mr Mukula for Mrs Nzei for the 1st Administrator/Applicant

Court Division:

Family

County:

Machakos

Advocates:

Mr Mukula for Mrs Nzei for the 1st Administrator/Applicant

History Advocates:

One party or some parties represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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.............................1

ST

PETITIONER

JOSIAH KIILU NZAU.........2

ND

PETITIONER/APPLICANT

-VERSUS-

JOHN NZIOKI NZAU............1

ST

OBJECTOR/PROTESTER

MUKULU NZAU KOKA...............................2

ND

OBJECTOR

RULING

1. On 10

th

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 1

st

administrator,

Josiah Killu Nzau

, in his affidavit in support of his application dated 10

th

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 2

nd

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 23

rd

day of February, 2021.

G V ODUNGA

JUDGE

In the Presence of:

Mr Mukula for Mrs Nzei for the 1

st

Administrator/Applicant

CA Geoffrey