Lucy Njeri Karaba v Stephen Kimenyi Muriithi [2017] KEELC 2887 (KLR)
- Court
- Environment & Land Court
- Case number
- 2887
- Citation
- [2017] KEELC 2887 (KLR)
- Decided
- 21 April 2017
The defendant is registered as the owner of the land in trust for the plaintiff, and the defendant must transfer half of the land to the plaintiff.
Facts
The plaintiff and defendant are siblings and the only children of their deceased father. The land parcel MUTIRA/KAGUYU/222 was sub-divided into three portions, with the defendant registered as the owner of MUTIRA/KAGUYU/5262 to hold in trust for the plaintiff.
Issues
- Whether the defendant was registered as the owner of the land in trust for the plaintiff.
- Whether the defendant should transfer half of the land to the plaintiff as per the trust agreement.
Reasoning
The plaintiff's evidence and the pleadings in the succession case show that the defendant is the plaintiff's elder brother and the land was registered in his name to hold in trust for both him and the plaintiff. The defendant's refusal to transfer the land to the plaintiff is against the trust agreement and the law.
Outcome
Judgment entered for the plaintiff, with no order as to costs.
Orders
- The defendant must transfer 0.385 Ha from MUTIRA/KAGUYU/5262 to the plaintiff in 7 days.
- In default, the Executive officer of the court will sign all documents to facilitate the plaintiff getting 0.385 Ha.
Remedies
- Transfer of 0.385 Ha from MUTIRA/KAGUYU/5262 to the plaintiff.
Authorities cited
Legislation (3)
- Land Registration Act 2012
- Covenant on Economic, Social and Cultural Rights
- Covenant on Civil and Political Rights
Cases cited (3)
- MUMO VS MAKAU 2004 1 K.L.R 13
- KANYI VS MUTHIORA 1984 K.L.R 712
- MUKANGU VS MBUI 2004 2 K.L.R 256
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