Wilfred Munai Kilungu & another v Mutavi Munai [2020] KEELC 2497 (KLR)
- Court
- Environment & Land Court
- Case number
- 2497
- Citation
- [2020] KEELC 2497 (KLR)
The Defendant holds the land in trust for himself and the Plaintiffs. The trust is terminated, and the Defendant is ordered to sign necessary papers for sub-division and transfer of the land.
Facts
The Plaintiffs claim that their mother Mbula Munai subdivided her land among the Plaintiffs and the Defendant in 1982, but the Defendant registered the land in his name in 1990, excluding the Plaintiffs. The Plaintiffs allege fraud and seek a declaration of trust, termination of the trust, and sub-division of the land.
Issues
- Whether the Defendant holds the land in trust for himself and the Plaintiffs.
- Whether the Defendant's registration of the land in his name was fraudulent.
- Whether the Plaintiffs are entitled to sub-division and transfer of the land.
Reasoning
The court found that the Plaintiffs were lawfully allocated land that forms part of the larger Mbooni/Itetani/679 parcel, and the Defendant's title document is in trust for himself and the Plaintiffs.
Outcome
Judgment in favor of the Plaintiffs
Orders
- Termination of the trust
- Compelling the Defendant to sign necessary papers for sub-division and transfer of the land
- Injunction to permanently restrain the Defendant from interfering with the Plaintiffs' use of the land
Remedies
- Sub-division and transfer of the land
Authorities cited
Legislation (1)
- Land Registration Act
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