Thuo v Ngugi & 4 others (Environment & Land Case 137 of 2017) [2025] KEELC 3415 (KLR) (29 April 2025) (Judgment)

Summary at a glance

Facts

The suit property, Githunguri/Kiaria/1490, was registered in the name of Emily Wamaitha Mwaura, the widow of Michael Mwaura, and was to be held in trust for the deceased's children. The property was later transferred to Martha Wanjiru, the deceased daughter, and subsequently to the 1st to 4th Defendants.

Issues

• existence of a trust over the suit property
• fraudulent transfer of the suit property
• validity of the 1st to 4th Defendants' title

Reasoning

The court determined that the suit property was held in trust by the deceased for her children and that the transfer to Martha Wanjiru was fraudulent.

Outcome

Plaintiff's suit is merited.

Orders

• A declaration that the suit premises known as Githunguri/ Kiaria/1490 was held in trust by the Emily Wamaitha (Deceased) for all lawful and legitimate beneficiaries.
• A declaration that the transfer of the suit premises known as Githunguri/ Kiaria/1490 from the Emily Wamaitha (Deceased Widow) to Martha Wanjiru (the Deceased Daughter) was fraudulent, null and void and it is hereby cancelled in favour of the late Emily Wamaitha.
• That the transfer of the suit premises known as Githunguri/ Kiaria/1490 from Martha Wanjiru to the 1st to 4th Defendants and the subsequent transfer and the title issued to the 5th Defendant is hereby revoked and/or cancelled in favour of the late Emily Wamaitha.
• I hereby direct that the land register be rectified so that parcel of land title number Githunguri/ Kiaria/ 1490 reverts back to the Deceased Widow to be shared amongst all the beneficiaries of the Estate of Emily Wamaitha Mwaura.
• A permanent injunction is hereby issued restraining the Defendants or any one of them, their agents, servants and all claiming under them or any one of them from entering or interfering with the suit premises.

Remedies

• Rectification of the land register
• Permanent injunction

Authorities cited