Tula Chebet (Suing as the Legal Representative of the Estate of Chebet Barmala (Deceased) & another v Thomas Kibet [2019] KEELC 2039 (KLR)
- Court
- Environment & Land Court
- Case number
- 2039
- Citation
- [2019] KEELC 2039 (KLR)
- Decided
- 18 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramA. OMBWAYO
Holding
The court finds a trust exists in the Kuserwo parcel and orders its subdivision and transfer according to the plaintiffs' shares.
Facts
Chebet Barmala owned three parcels of land, one at Arror, another at Kapsumai, and one at Kuserwo. The Kuserwo parcel was registered in the name of the defendant, Thomas Kibet, who was the third wife's son. The plaintiffs claimed a trust existed in the Kuserwo parcel.
Issues
- existence of a trust in the Kuserwo parcel
- subdivision and transfer of the land
Reasoning
The court found the land was registered in the defendant's name due to traditional discrimination against women. The plaintiffs have been in possession of their portion of the land, indicating a beneficial interest.
Outcome
Judgment in favor of the plaintiffs, granting declarations and orders for land subdivision and transfer.
Orders
- subdivision of the Kuserwo parcel into three portions
- cancellation of the current title deed and issuance of new title deeds
Remedies
- subdivision and transfer of land according to the plaintiffs' shares
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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