Wacira (Substituted on Behalf of Veronicah Mukami Wachira (Deceased)) & 3 others v Wanjohi (Enviromental and Land Originating Summons 29 of 2015) [2024] KEELC 6840 (KLR) (17 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6840
- Citation
- [2024] KEELC 6840 (KLR)
- Decided
- 17 October 2024
The court finds that a customary trust exists over the suit property and declares that the Plaintiffs are joint administrators of the Estate of Wanjohi S/o Kihara and that one half portion of the suit land be registered in their names.
Facts
The Plaintiffs claim that the land parcel Thegenge/Karia/447 was registered in the name of the late Wanjohi S/o Kihara in trust for himself and Peter Wachira Kihara in equal shares. The Plaintiffs also seek to be declared joint administrators of the Estate of Wanjohi S/o Kihara and to have half of the land registered in their names.
Issues
- Existence of a customary trust over the suit property
- Validity of the registration of the land in the name of the late Wanjohi S/o Kihara
Reasoning
The court relies on the principles set out in Isack Kieba M’Inanga -vs- Isaaya Theuri M’Lintari & Another [2018]eKLR to find that a customary trust exists over the suit property. The court also considers the testimonies of the witnesses and the pleadings of the parties.
Outcome
The Plaintiffs' claim for a declaration and for joint administration of the estate is upheld.
Orders
- The Plaintiffs are declared joint administrators of the Estate of Wanjohi S/o Kihara and one half portion of the suit land be registered in their names before distribution of the rest of the Estate of Wanjohi S/o Kihara alias Sisto Wanjohi Kihara.
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Isack Kieba M'Inanga -vs- Isaaya Theuri M'Lintari & Another [2018]eKLR
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