David Kinyua v Zipporah Kamwitu M’mukindia & another [2017] KEELC 2207 (KLR)
- Court
- Environment & Land Court
- Case number
- 2207
- Citation
- [2017] KEELC 2207 (KLR)
- Decided
- 26 July 2017
The 1st defendant did not hold L.R. No. Abothuguchi/Katheri/4046 in trust for the plaintiff and the transfer of the land to the 2nd defendant was not in breach of any trust.
Facts
The plaintiff, David Kinyua, claimed ancestral land from his grandmother, Zipporah Kamwitu M'Mukindia, who had wrongly transferred it to his uncle, Moses Muthuri Mukinda. The plaintiff alleged that the land was originally part of his father's portion and that he was the rightful owner of parcel No. 4046.
Issues
- Whether the 1st defendant held L.R. No. Abothuguchi/Katheri/4046 in trust for the plaintiff
- Whether the transfer of L.R. No. Abothuguchi/Katheri/4046 to the 2nd defendant was in breach of the said trust
- Who is the rightful owner of Land Parcel No. Abothuguchi/Katheri/4046
Reasoning
The court found the plaintiff's evidence to be unconvincing and the 1st defendant's evidence to be credible. The plaintiff's claim was based on a trust, but the court found that Karuntimi, the plaintiff's claimed father, was not entitled to any portion of the land.
Outcome
The plaintiff's claim was dismissed.
Orders
- It is declared that the 1st defendant DID NOT hold L.R. NO. Abothuguchi/Katheri/4046 in trust for the plaintiff.
- It is declared that the transfer of L.R. NO. Abothuguchi/Katheri/4046 to the 2nd defendant WAS NOT in breach of any trust.
- Land Parcel No. Abothuguchi/Katheri/4046 is rightly registered in the name of the 2nd defendant and should so remain.
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