Yusuf & another v Ngacha & another (Enviromental and Land Originating Summons 263 of 2015) [2024] KEELC 6804 (KLR) (17 October 2024) (Judgment)

Facts

The Applicants claim that the property LR. No. Nyeri/Municipality Block 11/89 was held and managed by the 2nd Respondent in trust for the Applicants and other beneficiaries of the Estate of Mohamed Sheikh and Halima Yusuf Mohamed. The 2nd Respondent disputes the claim, asserting that the property was lawfully purchased by the 1st Respondent's husband.

Issues

1. Whether the property LR. No. Nyeri/Municipality Block 11/89 was held and managed by the 2nd Respondent in trust for the Applicants and other beneficiaries of the Estate of Mohamed Sheikh and Halima Yusuf Mohamed.
2. Whether the registration of Fatuma Ali Abdullahi as the proprietor of the suit property was fraudulent and in breach of the trust.
3. Whether the 2nd Respondent's Annual General Meeting and Minute No. 44/97 approving the transfer of the suit property were illegal and null and void.

Reasoning

The court finds that the Applicants are the rightful beneficiaries of the trust and that the 2nd Respondent's actions in transferring the property to Fatuma Ali Abdullahi and subsequently to the 1st Respondent's husband were fraudulent and in breach of the trust.

Outcome

The court declares the trust and orders the property to be registered in the names of the Applicants and other beneficiaries.