Ondora v Ondoro (Land Case E007 of 2023) [2025] KEELC 5387 (KLR) (17 July 2025) (Judgment)

Summary at a glance

Facts

The suit property parcel 169 was registered in the name of the defendant Gerald Adams Owino Ondora in 1974. The plainti, Anastacia Awino Ondora, claims the land was family land before registration and that the defendant holds 1/2 the share of the suit property on trust for her and her children.

Issues

• Whether the defendant holds 0.85 ha out of the land parcel North/Ugenya/Doho/169 in trust for the plainti and her children.
• Whether the plainti is entitled to the reliefs sought.
• Whether the orders sought in the counterclaim should issue in favor of the defendant.
• Who should bear the costs of the main suit and counterclaim

Reasoning

The court found that the land was family land before registration and that the defendant holds 1/2 the share on trust for the plainti and her children.

Outcome

The court granted the plainti's 1st and 2nd declaratory relief and the injunction.

Orders

• A declaration that the Defendant holds 1/2 the share of the suit property on trust for the plainti and her children.
• The Defendant do transfer 1/2 the share of the suit property to the plainti in default the Deputy Registrar of this court do sign all the necessary documents to eect the transfer on behalf of the Defendant.
• Injunction restraining the Defendant and all who claim through him from charging, disposing of, cultivating or in any other way dealing with 1/2 the share of the suit property

Remedies

• Declaration and Injunction

Authorities cited