Sarah Nyawira Njogu (Suing as the legal representative of Leonard Njogu Wamai) v Muguta Wamai [2022] KEELC 1267 (KLR)

Facts

The Plaintiff, as the legal representative of the deceased Plaintiff, sued the Defendant for failing to allocate half of the suit land (LR No. Kibingoti/Nguguine/190) to the deceased Plaintiff's estate. The suit land was allocated by the Uceera Clan to the Defendant, who had resided on it with the deceased Plaintiff's family until the latter's death.

Issues

1. Whether the Defendant holds LR No. Kibingoti/Nguguine/190 in trust for himself and the estate of the Plaintiff
2. Whether the trust ought to be determined and terminated and 1⁄2 share of LR No. Kibingoti/Nguguine/190 be transferred to the estate of the Plaintiff
3. Who should bear the cost of the suit

Reasoning

The Court considers the Plaintiff's claim that the suit land was allocated to the Defendant in trust for himself and the deceased Plaintiff. The Defendant disputes this, arguing that the deceased Plaintiff's residence on the land was due to his kindness and that he later purchased his own land and was buried on the suit land.

Outcome

In favor of the Plaintiff