Richard Nyamwembe Auka & 2 others v Josephine Motaroki & 2 others [2014] KEELC 11 (KLR)
- Court
- Environment & Land Court
- Case number
- 11
- Citation
- [2014] KEELC 11 (KLR)
- Decided
- 19 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramS. Okongo
Holding
The 1st and 2nd plaintiffs are beneficiaries of the trust and the sale of Plot No. 7444 to the 2nd defendant was in breach of the trust.
Facts
The 3rd plaintiff transferred Plot No. 6172 to the 1st defendant to hold in trust for the 1st and 2nd plaintiffs. The 1st defendant then sold a portion of Plot No. 6172 to the 2nd defendant.
Issues
- Whether the 1st and 2nd plaintiffs are beneficiaries of the trust established by the 3rd plaintiff.
- Whether the sale of Plot No. 7444 to the 2nd defendant was in breach of the trust.
Reasoning
The court found that the 1st and 2nd plaintiffs were beneficiaries of the trust and that the sale of Plot No. 7444 to the 2nd defendant was in breach of the trust.
Outcome
The appeal is dismissed.
Orders
- Injunction restraining the 1st defendant from leasing, selling, transferring, or charging Plot No. 7443 pending the hearing and determination of the suit.
- Injunction restraining the 2nd defendant from leasing, selling, transferring, charging, or developing Plot No. 7444 pending the hearing and determination of the suit.
Remedies
- Costs of the application shall be in the cause.
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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