Paul Ngigi Njoroge v Edward Peter Waweru Njoroge [2020] KEELC 2152 (KLR)

Summary at a glance

Facts

The Plaintiff, Paul Ngigi Njoroge, claimed that the Defendant, Edward Peter Waweru Njoroge, was holding a parcel of land in trust for the family of Peter Njoroge Waweru. The Plaintiff alleged that the land was originally inherited by Peter Njoroge Waweru and transferred to Lawrence Njenga, who then transferred it to the Defendant. The Plaintiff sought a declaration that the land is family land, cancellation of the title deed, transfer of the land to family members in equal shares, and damages.

Issues

• Whether the Defendant is holding the land in trust for the family
• Whether the Plaintiff is entitled to the orders sought

Reasoning

The Plaintiff's evidence was corroborated by a witness, and the Defendant did not provide evidence to contradict the Plaintiff's claims.

Outcome

Judgment for the Plaintiff

Orders

• Declaration that the land is family land
• Cancellation of the title deed held by the Defendant
• Transfer of the land to family members in equal shares
• Award of damages

Remedies

• Subdivision and transfer of the land

Authorities cited