Peter Mutua King’oo v John Wambua Ngalyuka [2020] KEELC 2142 (KLR)

Summary at a glance

Facts

The deceased, Francis King’oo Kilonzo, and the respondent, John Wambua Ngalyuka, were registered as proprietors of the suit property in equal shares. The deceased died in 1999, and his estate was administered by Mary Mutinda Kilonzo and Gladys Muendi King’oo. The applicants sought orders for the respondent to account for rents, share rent, and have the property valued and sold.

Issues

• Whether the respondent should account for rents received from tenants on the suit property.
• Whether the rent should be shared equally between the applicants and the respondent.
• Whether the suit property should be valued and sold or shared between the parties.

Reasoning

The court determined that the applicants had proved their claim on a balance of probabilities and ordered the respondent to account for rents and share the property's value.

Outcome

Judgment for the applicant

Orders

• The respondent shall furnish a comprehensive account of rents received from tenants on the suit property.
• The respondent shall pay the applicant any amount found due after furnishing the account.
• A reputable valuer shall be appointed to assess the market value of the suit property.
• The respondent shall pay 50% of the assessed market value of the suit property to the applicant and one administrator of the deceased's estate.
• The rent paid by tenants shall be shared by the respondent, applicant, and administrator of the deceased's estate.
• The property shall be sold if necessary, and the proceeds shall be shared between the applicant and the administrator of the deceased's estate.

Remedies

• Accounting for rents
• Sharing 50% of the assessed market value of the property
• Sale of the property if necessary