Tibiri v Mwaniki & 2 others (Civil Appeal E042 of 2019) [2024] KECA 1037 (KLR) (2 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1037
- Citation
- [2024] KECA 1037 (KLR)
- Decided
- 2 February 2024
The respondents' right over the suit parcel of land is an overriding interest as recognized under Section 28 of the Land Registration Act and Section 30 of the repealed Registered Land Act.
Facts
The respondents filed a suit against the appellant in Embu Principal Magistrate’s Court Civil Case No. 102 of 1986, seeking declaratory orders that the appellant held the suit parcels of land in trust for them and that the sub-division done by the appellant be cancelled and the suit parcels of land be re-subdivided.
Issues
- Whether the appellant held the suit parcels of land in trust for the respondents.
- Whether the respondents had contributed towards the purchase of the suit property or if any trust had arisen as a result of the alleged joint purchase.
Reasoning
The court held that a trust was indeed created in the circumstances of this case that compels the appellant to recognize the ownership rights of the respondents over the suit parcel of land.
Outcome
Appeal dismissed with costs to the respondents.
Authorities cited
Legislation (2)
- Land Registration Act
- Repealed Registered Land Act
Cases cited (1)
- Isaac Kieba M'Inanga v Isaaya Theuri M'Lantari & Anor [2018] eKLR
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