Joseph Mosonik & another v Kipkemoi Mosonik [2020] KECA 193 (KLR)
- Court
- Court of Appeal
- Case number
- 193
- Citation
- [2020] KECA 193 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramKANTAI, MOHAMMED, Sila, Munyao
Holding
We find no evidence of a resulting trust in the purchase of the suit land and the trial judge's findings are upheld.
Facts
The appellants and the respondent disputed over the ownership of a 8.69-hectare land parcel (KERICHO/KAITIT/371). The appellants alleged joint purchase and registration of the land in the respondent's name to hold in trust for them, while the respondent denied this and claimed the land was customary land.
Issues
- Whether there was evidence of a resulting trust in the purchase of the suit land.
- Whether the trial judge erred in law by treating the appeal as an appeal against a judgment rather than a ruling.
Reasoning
The appellants failed to prove a transfer of money or the reason for the trust, and there was no proof that the suit land was customary land.
Outcome
Affirmation of the trial court's ruling
Authorities cited
Cases cited (4)
- Isack M'inanga Kiebia v Isaaya Theuri M'lintari & another [2018] eKLR
- Charles K. Kandie v Mary Kimoi Sang [2017] eKLR
- Gichuki vs. Gichuki (1982) KLR 285
- Mbothu & 8 Others vs Waitimu & 11 Others (1986) KLR 171
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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