Wamburu Kariuki v Wambui Koigi & another [2021] KEELC 2691 (KLR)

Summary at a glance

Facts

The deceased, Gichuru Hungu, was registered as the proprietor of the suit property to hold it in trust for himself and the plaintiff. The plaintiff, Wamburu Kariuki, claimed adverse possession of the property. The deceased sold the property to the 2nd defendant, Githinji Wa Chege, without the plaintiff's knowledge.

Issues

• Whether the deceased was registered as the proprietor of the suit property to hold the same in trust for himself and the plaintiff.
• Whether the plaintiff had been in possession of the suit property.
• Whether the deceased breached the trust under which he held the suit property.
• Whether the plaintiff has acquired the suit property by adverse possession.
• Whether the plaint discloses a cause of action against the defendants and whether the suit is unprocedural.
• Whether the transfer of the suit property to the 2nd defendant was done secretly.
• Whether the 2nd defendant took possession of the suit property and developed the same.
• Whether the 2nd defendant was bound by the trust if any in respect of which the deceased held the suit property.
• Whether the deceased’s wife was properly joined in the suit.
• Who is liable for the costs of the suit?

Reasoning

The court found that the deceased was registered as the proprietor of the suit property to hold it in trust for himself and the plaintiff, and that the plaintiff had been in possession of the property from 1958.

Outcome

Affirmed