Nahashon Mutuku Ndungu v Anthony Kusu Wambua [2021] KEELC 1803 (KLR)

Facts

The Appellant, Nahashon Mutuku Ndungu, is registered as the owner of the suit land, parcel Mbiuni/Katitu/371. The Respondent, Anthony Kusu Wambua, claims to have bought the land from the Appellant's brother, Laban Kimau, for Kshs. 200,000 on 23rd August, 2012. The Appellant denies this and claims the land is his personal property.

Issues

1. Whether the Appellant holds the suit land in trust for his brother Laban Kimau.
2. Whether Laban Kimau validly sold the suit land to the Respondent.

Reasoning

The Court of Appeal found that the lower court's decision was based on sufficient evidence and that the Appellant held the land in trust for his brother. The Court also noted that the Respondent's claim was not supported by a valid contract.

Outcome

Appeal dismissed

Authorities cited