Maina v Maina (Civil Appeal 239 of 2009) [2013] KECA 94 (KLR) (10 December 2013) (Judgment)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2013] KECA 94 (KLR)
- Decided
- 10 December 2013
We set aside the High Court's judgment and decree and substitute a judgment in favor of the appellant, finding a trust exists in relation to the suit property.
Facts
The appellant and respondent are brothers and sons of a deceased polygamous man. The father settled his family on two parcels of land, one registered in the respondent's name and the other in the appellant's name. The appellant claimed the respondent held the land on trust for both parties.
Issues
- Whether the respondent holds the suit property on trust for the appellant.
- Whether the appellant can sub-divide the land and transfer one half to the respondent.
Reasoning
The court found the appellant had not proven the existence of a trust over the suit property, despite the respondent's claim of absolute ownership. The court emphasized the need for the registered proprietor to prove the legality of how he acquired the title.
Outcome
Appeal allowed, judgment in favor of the appellant.
Orders
- Judgment to be entered for the plaintiff against the defendant as prayed for in the plaint dated 3rd December, 1996.
Remedies
- Judgment in favor of the appellant.
Authorities cited
Legislation (2)
- Registered Land Act (RLA)
- Evidence Act
Cases cited (3)
- John Kariri Mucheke – v – M’Itabari M’Arunga
- Jennifer Nyambura Kamau – v- Humphrey Mbaka Nandi
- Chase International Investment Corporation and Another vs. Laxman Keshra and Others
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