Shah & another v Shah & another (Enviromental and Land Originating Summons E006 of 2023) [2024] KEELC 1754 (KLR) (9 April 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1754
- Citation
- [2024] KEELC 1754 (KLR)
- Decided
- 9 April 2024
Summary at a glance
TypeTrust DisputePostureAppeal from a previous judgmentCoramLN MBUGUA
The applicants failed to demonstrate the existence of a trust, and the suit is hereby dismissed with no orders as to costs.
Facts
The applicants claim a trust over the property, but the respondents deny it. The title documents do not indicate a trust, and the applicants cannot provide evidence of the trust's existence.
Issues
- Existence of a trust between the applicants and respondents
- Control of the property after the applicants allegedly returned to Kenya
Reasoning
The court found that the title documents do not indicate a trust, and the applicants could not provide evidence of the trust's existence, especially regarding the property transactions after 1982.
Outcome
Dismissal of the suit with no orders as to costs
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