Aricarenda Wathitha v Zipporah Wangechi Muturi & another; Joyce Muthoni Muriuki (Substitute) [2019] KEELC 2386 (KLR)

Facts

The plaintiff, Aricarenda Wathitha, claims customary law trust and seeks to sub-divide and register land parcel NGARIAMA/KABARE/414 in her name. The 2nd defendant, Zipporah Wangechi Muturi, claims absolute ownership and seeks to evict the plaintiff and her family.

Issues

1. Customary law trust between plaintiff and 2nd defendant
2. Fraudulent acquisition of 2nd defendant's title
3. Registration of 2nd defendant's title

Reasoning

The plaintiff's testimony and evidence of cohabitation and possession of the land are sufficient to establish a customary law trust. The defendants' allegations of fraudulent title acquisition are unsubstantiated.

Outcome

The court declared that the land parcel is registered in the names of the 2nd defendant as a trustee for himself and the plaintiff. The court also ordered the 2nd defendant to sub-divide the land into equal portions and register the sub-divisions and transfers in favor of the plaintiff and the 2nd defendant.

Authorities cited