Francis Duncan Njeru (suing as the Legal Representative of Magdaline Wangui Njeru (Deceased) v Mary Margaret Waweru & 7 others [2019] KEELC 2149 (KLR)

Facts

The deceased, Magdaline Wangui Njeru, was a joint registered owner of land parcel No. GICHUGU/SETTLEMENT/SCHEME/646. She passed away in 1992, and her name was removed from the register in 1999. The plaintiff claims the land was purchased by his late wife Jane Wambui Kairuki and held in trust for her mother and siblings, including Magdaline Wangui Njeru. The defendants dispute these claims.

Issues

1. Whether the suit land was purchased by the 2nd defendant or the defendants and their late sister Magdaline Wangui Njeru?
2. Whether the 2nd defendant held the suit land parcel No. GICHUGU/SETTLEMENT/SCHEME/646 in trust for herself her mother and siblings including the late Magdaline Wangui Njeru?
3. Whether the removal of the names of Magdaline Wangui Njeru from the title No. GICHUGU/SETTLEMENT/SCHEME/646 was fraudulently done and whether the subsequent partition and transfer of the land between the 1st-4th defendants was fraudulent?
4. Whether the plaintiff's claim over land parcel No. GICHUGU/SETTLEMENT/SCHEME/646 and its resultant sub-divisions has been proved to the required standard.
5. Who will bear the costs of this suit?

Reasoning

The plaintiff failed to prove the existence of a trust in the suit property. The legal burden of proof lies on the party asserting the affirmative of the issue, and the plaintiff did not meet this burden.

Outcome

Dismissed with costs

Authorities cited