Waithaka & 2 others v Waithaka; Kariithi (Interested Party) (Environment & Land Case E173 of 2023) [2024] KEELC 6873 (KLR) (17 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6873
- Citation
- [2024] KEELC 6873 (KLR)
- Decided
- 17 October 2024
The court finds that a constructive trust does not exist in this case and therefore does not impose a trust on the suit property.
Facts
The plaintiffs are children of the defendant, who is also the interested party and co-administrator of the estate of Charity Muthoni Benson. The plaintiffs seek a declaration that the defendant and interested party are holding the suit property in a constructive and legal trust and a restraining order against the defendant from selling the property.
Issues
- Existence of a constructive trust
- Distribution of the estate of Charity Muthoni Benson
Reasoning
The court distinguished between constructive and resulting trusts, stating that a constructive trust requires the court to impose a trust due to the parties' intentions being unascertainable, while a resulting trust arises when there is contribution. The court found that the defendant did not give money to the plaintiffs or list them as beneficiaries in the estate.
Outcome
The plaintiffs' claims for a declaration of constructive trust and restraining order are dismissed.
Authorities cited
Cases cited (4)
- Peter Moturi Ogutu -vs- Elmelda Basweti Matonda & 3 Others (2013) eKLR
- Juletabi African Adventure Limited & another ...Vs...Christopher Michael Lockley (2017) eKLR
- Twalib Hatayan Twalib Hatayan & Anor vs. Said Saggar Ahmed Al-Heidy & Others (2015) eKLR
- Halsbury’s Laws of England
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