NGUGI TICHA V KIRITU TICHA & 2 OTHERS [2002] KEHC 770 (KLR)
- Court
- High Court of Kenya
- Case number
- 770
- Citation
- [2002] KEHC 770 (KLR)
- Decided
- 6 February 2002
The plaintiff holds the parcel of land KIAMBAA/KIHARA/796 for himself and the defendants as tenants in common in equal shares.
Facts
The plaintiff, Ngugi Ticha, is the son of Ticha Kiritu, who died in Embu in 1955. The defendants are Ticha Kiritu's step-brother and step-mothers. The plaintiff claims he is the absolute and indefeasible proprietor of a parcel of land known as KIAMBAA/KIHARA/796, while the defendants claim he was registered as a trustee for the family of Kiritu s/o Ticha.
Issues
- Ownership of the land KIAMBAA/KIHARA/796
- Right of the plaintiff to be the absolute and indefeasible proprietor of the land
Reasoning
The court found that the land was intended for the entire Ticha family, and the plaintiff was registered as the eldest son of the family in accordance with Kikuyu customary law, which has the notion of trust inherent in it.
Outcome
The plaintiff's suit is dismissed.
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