Charles Ngure Kibe (Suing as legal representative of the Estate of Kibe Muigai) v John Njuguna Wangombe (Sued as the administrator of the estate of Wangombe Muigai) [2018] KEELC 3296 (KLR)
- Court
- Environment & Land Court
- Case number
- 3296
- Citation
- [2018] KEELC 3296 (KLR)
- Decided
- 2 March 2018
The court ordered the Land Registrar to remove the restriction, register the decree, partition the land, and execute necessary documents for sub-division and transfer.
Facts
The court previously ruled in favor of the Plaintiff, Charles Ngure Kibe, as the legal representative of the Estate of Kibe Muigai, holding that the land parcel GATAMAIYU/KAMUCHEGE/360 was held in trust by Wangombe Muigai for himself and his brothers Kibe Muigai and Ngure Muigai. The estate of Kibe Muigai is entitled to recover the trust property from the estate of Wangombe Muigai. The decree was for the land to be sub-divided into two equal portions.
Issues
- Removal of restriction on the land registration
- Registration of the decree
- Partition of the land
- Execution of necessary documents for sub-division and transfer
Reasoning
The court upheld the previous judgment and ordered the necessary actions to be taken as per the decree.
Outcome
The court upheld the previous judgment and ordered the necessary actions to be taken as per the decree.
Orders
- Removal of restriction on the land registration
- Registration of the decree
- Partition of the land
- Execution of necessary documents for sub-division and transfer
Remedies
- Removal of restriction
- Registration of the decree
- Partition of the land
- Execution of necessary documents for sub-division and transfer
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