Anne Muthoni Kanyeki & another v Nyaga Gichenge & 3 others [2021] KEELC 2119 (KLR)
- Court
- Environment & Land Court
- Case number
- 2119
- Citation
- [2021] KEELC 2119 (KLR)
- Decided
- 23 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgment in a consolidated caseCoramE.C. Cherono, Ms Gachoki
Holding
The order cancelling the new titles is vacated, and the original titles are reinstated.
Facts
The plaintiffs sought an injunction and a declaration regarding the ownership and division of land parcel INOI/KARIKO/930, which was previously transferred to the defendants.
Issues
- Whether the 1st defendant held the suit property in trust for himself and the plaintiffs.
- Whether the sub-division of the property to give rise to new titles was done legally.
- Whether the order cancelling the new titles should be vacated.
- Who should bear the costs of the suit and consolidated cases.
Reasoning
The issue of trust was not pleaded but came out during the trial. The previous ruling by Justice J.B. Ojwang supports the plaintiffs' position.
Outcome
Appeal upheld, order vacated, and original titles reinstated.
Orders
- The order cancelling the titles INOI/KARIKO/1091, 1092, and 1093 is vacated.
- The suit land parcel No. INOI/KARIKO/930 is shared in terms of the previous sub-divisions.
- The titles INOI/KARIKO/1091, INOI/KARIKO/1092, and INOI/KARIKO/1093 are reinstated in the names of the 1st defendant, Cecilia Gakui Kinyua, and Ann Muthoni Kanyeki, respectively.
Remedies
- The 1st defendant is ordered to hold the suit property in trust for himself and the plaintiffs.
- The 1st defendant is ordered to bear the costs of the suit and consolidated cases.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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