Nduto & another v Kombo & another (Sued as administrators of the Estate of Kombo Nduto - Deceased) (Civil Appeal 304 of 2019) [2024] KECA 1229 (KLR) (20 September 2024) (Judgment)

Facts

The appellants, Musyimi Nduto and Mukonyo Kyove Nduto, sought a declaration that the property known as Makueni/Kyaluma/3 was ancestral land for the family of the late Nduto Mulaa, and that the suit property should be shared among the children of the late Nduto Mulaa or their heirs. The respondents, Nzisa Kombo and Matata Kombo, as administrators of the estate of Kombo Nduto, opposed the declaration.

Issues

1. Whether the suit property was ancestral land for the family of the late Nduto Mulaa
2. Whether Customary Trust was established for the suit property

Reasoning

The Court found that the suit property was not registered in the husband's name to hold it in trust for the rest of the family members. The appellants had not adduced sufficient evidence to prove that the suit property was registered in the husband's name to hold it in trust.

Outcome

Appeal dismissed in its entirety