Christopher Muyodi Owade v Richard Juma Anda [2021] KEELC 4360 (KLR)
- Court
- Environment & Land Court
- Case number
- 4360
- Citation
- [2021] KEELC 4360 (KLR)
- Decided
- 18 February 2021
The court finds that the defendant has met the criteria to be considered a trustee and has proven his case. The court orders the land to be held by the plaintiff on his behalf and the defendant, with a portion measuring 21⁄4 acres to be transferred to the defendant's name.
Facts
The plaintiff, Christopher Muyodi Owade, sued the defendant, Richard Juma Anda, over land parcel No. Bukhayo/Lupida/364. The plaintiff claimed he was the rightful owner and was being encroached upon by the defendant, who had built a house on a portion of the land. The defendant claimed the land was left under the care of his father, Sabastian Pamba, and that he had built his house on a portion of the land.
Issues
- Ownership of land parcel No. Bukhayo/Lupida/364
- Division and transfer of land
Reasoning
The court held that the defendant, as the son of the plaintiff's elder brother, was entitled to inherit a portion of the family land, and thus met the criteria to be considered a trustee. The court also found that the plaintiff's registration of the land did not extinguish the rights of persons entitled to benefit under customary trust, including the defendant.
Outcome
In favor of the defendant
Orders
- L.R No. Bukhayo/Lupida/364 to be held by the plaintiff on his behalf and the defendant
- A portion measuring 21⁄4 acres to be transferred to the defendant's name
- The plaintiff to execute documents to facilitate the transfer
- Costs of the suit and the counter-claim awarded to the defendant
Remedies
- Division and transfer of land
Loading judgment…