Patrick Mbasa v Meshack Odhiambo Mbasa & another [2020] KEELC 234 (KLR)
- Court
- Environment & Land Court
- Case number
- 234
- Citation
- [2020] KEELC 234 (KLR)
- Decided
- 10 December 2020
The Court of Appeal held that the trial magistrate erred in finding that the trust had not been proved and in not allowing the counterclaim.
Facts
The Appellant filed a counterclaim against the Respondents, claiming parcel No. EAST GEM/RAMULA/510, which was registered in the name of a person not involved in the proceedings. The Appellant alleged that a trust existed between them and the Respondents, but the trial magistrate dismissed the counterclaim, finding that the trust had not been proved.
Issues
- Whether the trial magistrate rightly held that the existence of a trust had not been proved
- Whether the trial magistrate erred by finding for the Plaintiff and disallowing the counterclaim against the weight of evidence on record
Reasoning
The Court of Appeal relied on established principles that the onus lies on the party relying on the existence of a trust to prove it through evidence, and that the court should not interfere with a finding of fact unless it is based on no evidence or a misapprehension of the evidence.
Outcome
The appeal was allowed, and the judgment and decree were set aside.
Orders
- The trial magistrate’s judgment and decree dismissing the counterclaim were set aside
- The Appellant’s counterclaim was allowed
Remedies
- The Appellant’s counterclaim was allowed
Authorities cited
Cases cited (3)
- Selle and another v Associated Motor Boat Company Ltd and others [1968] 1 EA 123
- Mwangi v Wambugu [1984] KLR 453
- Juletabi African Adventure Limited & another v Christopher Michael Lockley [2017] eKLR
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