Grace Wanja Muchemi v Paul Gitonga Muriuki [2021] KEELC 936 (KLR)
- Court
- Environment & Land Court
- Case number
- 936
- Citation
- [2021] KEELC 936 (KLR)
The court finds in favor of the Applicant, declaring that she has a beneficial interest in the suit property and restraining the Respondent from dealing with it without her consent.
Facts
The Applicant, Grace Wanja Muchemi, claims to have jointly acquired land parcel No. Kirimukuyu/Ngandu/857 with her husband, Paul Gitonga Muriuki, and other properties. She alleges that he has been selling off their properties without her consent, leaving her and their children destitute. The Respondent, Paul Gitonga Muriuki, disputes the joint acquisition and claims to have bought the land in 2011 with his own funds.
Issues
- Whether the Applicant has a beneficial interest in the suit property
- Whether the Respondent should be restrained from dealing with the suit land without the Applicant's consent
Reasoning
The court considers the joint acquisition of the property and the evidence of the Applicant's involvement in the family businesses. The court finds the Respondent's claim of sole acquisition unconvincing.
Outcome
In favor of the Applicant
Orders
- Declaration that the Applicant has a beneficial interest in the suit property
- Restraint on the Respondent from dealing with the suit land without the Applicant's consent
Remedies
- Declaration and Restraint
Authorities cited
Legislation (1)
- Land Registration Act, 2012
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