Jane Wanja Gahiengo v David Wanjohi Kamau & another [2014] KECA 677 (KLR)
- Court
- Court of Appeal
- Case number
- 677
- Citation
- [2014] KECA 677 (KLR)
We find no merit in the appeal and dismiss it with costs to the respondents.
Facts
The deceased persons, Duncan Kamau Kimani, Ethan Kaguanyo, and Gachiengo Gichuhi formed a partnership and purchased shares in Nakuru Taifa Hotel in 1963. After their deaths, the hotel was dissolved and its assets were distributed. The appellant, as the legal representative of Gachiengo Gichuhi's estate, was allotted Nakuru Municipality/Block 13/166 absolutely and Nakuru Municipality/Block 10/19 jointly with Felista Wanini Theuri. The respondents claimed the appellant held the suit properties in trust for them.
Issues
- Whether the appellant held the suit properties in trust for the respondents.
- Whether the trial court erred in ordering the appellant to pay the respondents rental income.
Reasoning
The appellant admitted receiving rent from the suit properties. The trial court's order to pay rental income was upheld as the appellant's portion was clearly identifiable.
Outcome
Appeal dismissed with costs to the respondents.
Orders
- Compelling the appellant to pay the respondents Kshs.188,000/= and Kshs. 940,000/= each in respect of rent collected from Nakuru Municipality/ Block 13/166 and a portion of Nakuru Municipality/Block 10/19 respectively.
Authorities cited
Cases cited (2)
- Mworia & Another -vs- Kiambati (supra)
- J.K Kinoti -vs- G.J. Kibanga – Civil Appeal No. 343 of 2010
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