Johnson Gathanga Mwaniki v Esther Watheri Mwaniki & 3 others [2019] KEELC 2260 (KLR)
- Court
- Environment & Land Court
- Case number
- 2260
- Citation
- [2019] KEELC 2260 (KLR)
- Decided
- 22 July 2019
The suit is not time barred and the Plaintiff has the right to seek the cancellation of new titles and restoration of old titles.
Facts
The Plaintiff filed a suit against the Defendants seeking the cancellation of new titles and restoration of old titles in respect of land parcel No. LOC 19/KIWAMBOGO/352, 360, 366 and T.189 (suit lands). The land was registered in the name of the 1st Defendant to hold in trust for herself and her 7 children. The trust was dissolved on 23/3/1994.
Issues
- Whether the suit is time barred
- Whether the Plaintiff has the right to seek the cancellation of new titles and restoration of old titles
Reasoning
The court ruled that the suit is not time barred as it was filed within the statutory period of 7 years. The court also ruled that the Plaintiff has the right to seek the cancellation of new titles and restoration of old titles.
Outcome
The Plaintiff's claims were upheld.
Orders
- Cancellation of new titles in the names of the Defendants in respect of land parcel No. LOC 19/KIWAMBOGO/352, 360, 366 and T.189 (suit lands) and restoration of old titles in the name of the 1st Defendant.
- Dissolution of the existing trust in the name of the 1st Defendant and transfer of respective portions to the Plaintiff.
- Parties are related, each to meet their costs of the suit.
Remedies
- Cancellation of new titles
- Restoration of old titles
- Dissolution of trust and transfer of portions
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Trust Property Act
Cases cited (2)
- Iga v Makerere University
- Elijah Ntaiya v Lekinini Kulale
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