Rose Wanjiru Ngare v Julius Ngare Macharia [2019] KEELC 4367 (KLR)

Summary at a glance

Facts

The Plaintiff filed a suit against the Defendant for a declaration regarding land parcels and a determination of a trust. The parties reached a settlement on one parcel but not on the other.

Issues

• Whether the Court has Jurisdiction
• Whether the Plaintiff is legally married to the Defendant
• Whether the suit property is a Matrimonial Property?
• Whether the suit property was sold by the defendant.
• Is the Plaintiff entitled to the prayers sought?

Reasoning

The Court has jurisdiction over disputes relating to land and environment. The Plaintiff is legally married to the Defendant, and the suit property is a Matrimonial Property. The Court declared the trust and shared the land parcels.

Outcome

The Plaintiff's prayer for a declaration and determination of the trust was granted.

Orders

• A Declaration that the defendant holds Land Parcels Nos. KABARE/NJIKU/1049 and PLOT NO. 32 LOCK-UP KIMUNYE in trust for himself the plaintiff and their Children
• Determination of the said trust in such a way that Land Parcel KABARE/NJIKU/1049 is shared equally among the plaintiff and the defendant and their 5 Children
• Plot No. 32 LOCK-UP KIMUNYE to be registered jointly among the Plaintiff, defendant and their said 5 children
• Any other relief this Honourable Court may deem fit and just to grant

Remedies

• A Declaration that the defendant holds Land Parcels Nos. KABARE/NJIKU/1049 and PLOT NO. 32 LOCK-UP KIMUNYE in trust for himself the plaintiff and their Children
• Determination of the said trust in such a way that Land Parcel KABARE/NJIKU/1049 is shared equally among the plaintiff and the defendant and their 5 Children
• Plot No. 32 LOCK-UP KIMUNYE to be registered jointly among the Plaintiff, defendant and their said 5 children
• Any other relief this Honourable Court may deem fit and just to grant

Authorities cited