Francis Kithure v Githonga M’Thambura M’Rukunga [2020] KEELC 3603 (KLR)

Facts

The Appellant bought Parcel Land No. 2195 Kianjai from Patrick Kuthiora, who had inherited it from his deceased father. The Respondent claimed the land based on a breach of customary trust.

Issues

1. Did the Appellant prove his claim that the deceased held the suit land in trust for him?
2. Is the Respondent the absolute owner of the suit land?

Reasoning

The Court held that the registration of the land in the Appellant's name under the Registered Land Act did not extinguish the Respondent's rights under Kikuyu Customary Law. The Appellant's claim of customary trust was not supported by evidence.

Outcome

Affirmed

Authorities cited