Mahugu v Watari & 8 others (Civil Appeal 205 of 2019) [2024] KECA 1015 (KLR) (26 July 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1015
- Citation
- [2024] KECA 1015 (KLR)
- Decided
- 26 July 2024
The appeal is allowed, and the judgment of the trial court is set aside. The 1st respondent is declared the rightful owner of the suit land.
Facts
The deceased, Moses Rwimbo Mahugu, died intestate in 2004. The 1st respondent, Elizabeth Waithira Watari, was previously married to Simon Ndungu and had six children with him. She later lived with the deceased and had three children with him. The 1st respondent claimed the suit land was held in trust for her and her children.
Issues
- Presumption of marriage between the deceased and the 1st respondent
- Ownership of the suit land
- Validity of the trust
Reasoning
The court found that the presumption of marriage between the deceased and the 1st respondent was not valid due to the 1st respondent's previous statutory marriage, which could only be dissolved according to the law that created it.
Outcome
The appeal is allowed, and the judgment of the trial court is set aside.
Orders
- The trust is terminated and the respondents declared to be the rightful owners of the suit land.
- The name of the appellant is cancelled from the register of the suit land and registered in the name of the 1st respondent in trust for the other respondents.
Authorities cited
Cases cited (1)
- Mary Njoki v John Kinyanjui Mutheru [1985]eKLR
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