Maina (Sued on behalf of Maina Kihu - Deceased) v Kihu & 4 others (Civil Appeal 287 of 2019) [2025] KECA 1075 (KLR) (5 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1075
- Citation
- [2025] KECA 1075 (KLR)
- Decided
- 5 June 2025
The nature of the holding of the suit property was trust land ab initio, which fact is undisputed by the parties herein. Accordingly, that trust was the interest passed on to Maina Kihu, who was also a member of the family.
Facts
The respondents claim that the land parcel LR Loc. 2/Kanderendu/63 measuring 13.7 acres was held in trust for all 9 beneficiaries, including the respondents, by their late father Kihu Nyanjui. The appellant, the widow of the late Maina Kihu, disputes this and claims the land was acquired for her late husband's own benefit.
Issues
- Nature of the holding of the suit property
- Customary trust and its application to the land
Reasoning
The court found that the land was held in trust for all beneficiaries, including the respondents, and that it would be unjust to presume that Maina Kihu owned the land exclusively.
Outcome
Appeal dismissed
Orders
- Each party directed to bear its own costs
Authorities cited
Cases cited (1)
- Gitobu Imanyara & 2 Others vs. Attorney General [2016] eKLR
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