Nyankabaria Isaboke & another v Masira Isaboke [2019] KEELC 4203 (KLR)
- Court
- Environment & Land Court
- Case number
- 4203
- Citation
- [2019] KEELC 4203 (KLR)
- Decided
- 20 March 2019
The plaintiffs are entitled to a declaration that the defendant holds the suit lands in trust for himself and the plaintiffs, and the defendant must subdivide the land into three equal portions and transfer two portions to each plaintiff.
Facts
The plaintiffs claimed that the defendant, their elder brother, was registered as the owner of ancestral lands, but the defendant denied this and claimed the lands were his own. The plaintiffs referred the matter to the Land Disputes Tribunal, but the defendant did not provide evidence.
Issues
- Whether the suit properties were ancestral lands of the plaintiffs and the defendant.
- Whether the Defendant is registered as proprietor of the suit properties and whether he holds the same in trust for himself and the plaintiffs herein.
- Whether the plaintiffs are entitled to any share in the suit properties.
- What orders/reliefs should the court grant?
Reasoning
The Court found that the defendant was registered as the owner of the suit properties, but the plaintiffs proved that the lands were ancestral lands belonging to them and their deceased father. The defendant's registration did not extinguish the plaintiffs' rights as customary trust lands.
Outcome
Judgment in favor of the plaintiffs
Orders
- A declaration that the defendant holds the suit lands in trust for himself and the plaintiffs.
- Subdivision of the land into three equal portions and transfer of two portions to each plaintiff.
- Authorization for the Deputy Registrar to execute necessary documents if the defendant fails to do so.
- Costs to be borne by the parties
Remedies
- Declaration of trust
- Subdivision of land
Authorities cited
Legislation (2)
- Land Adjudication Act
- Registered Land Act, 2012
Cases cited (1)
- Kanyi Muthiora -vs- Maritha Nyokabi Muthiora Civil Appeal No. 19 of 1982 [1984] eKLR
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