Mbuthia v Kamuri [2000] KEHC 252 (KLR)
- Court
- High Court of Kenya
- Case number
- 252
- Citation
- [2000] KEHC 252 (KLR)
- Decided
- 9 May 2000
The court declares that the defendant holds one-third of the 5.7 acres of land in trust for the two other sons of the plaintiff, namely, Mwai Kamuri and Ben Kamuri.
Facts
The plaintiff claims ownership of land registered in the name of the defendant, alleging he was given the land by the family for all his sons to benefit. The defendant denies the claim and states the land was registered in his name absolutely.
Issues
- Ownership of the suit land
- Distribution of the land among the plaintiff's sons
Reasoning
The court accepts the evidence of the plaintiff and his witnesses, rejecting that of the defendant's witnesses. The defendant was registered as owner because he was the eldest son and most suitable to hold the land in trust for himself and his brothers.
Outcome
The plaintiff's claim is upheld, and the defendant is ordered to hold one-third of the land in trust for the plaintiff's other sons.
Orders
- Grant a declaration that the defendant holds one-third of the 5.7 acres of land in trust for the two other sons of the plaintiff
Remedies
- Costs to be borne by the parties
Loading judgment…