Wambugu & 2 others v Karimi (Environment & Land Case 14 of 2015) [2022] KEELC 2398 (KLR) (26 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2398
- Citation
- [2022] KEELC 2398 (KLR)
- Decided
- 26 May 2022
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramJO OLOLA, Kendi
The court finds in favor of the applicants, declaring that the land parcels are subject to a trust in favor of the applicants and that the applicants are the sole beneficiaries of the deceased's estate.
Facts
The applicants are the children of the deceased John Wambugu Karimi, who passed away in 1996. The respondent, Joseph Mwatha Karimi, obtained a grant of administration for the deceased's estate and registered the land in his own name.
Issues
- Ownership of land parcels
- Trust of deceased's estate
Reasoning
The court determined that the applicants had proven their case on a balance of probabilities, as evidenced by the deceased's will and the respondent's concealment of the existence of the applicants.
Outcome
Judgment for the applicants
Orders
- Declaration that the land parcels are subject to a trust in favor of the applicants
- Transfer of land parcels into the names of the applicants
Remedies
- Declaration of trust
- Transfer of land parcels
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