FRANCIS MUHINDA AYUB THINWA vs ANTONY GATHARA AYUB [2002] KEHC 795 (KLR)
- Court
- High Court of Kenya
- Case number
- 795
- Citation
- [2002] KEHC 795 (KLR)
The Plaintiff is entitled to 4 acres of the land at Gathehu, and the Defendant must transfer the portion to the Plaintiff.
Facts
The deceased left two pieces of land, one at Gaikuyu and the other at Gathehu. The clan elders decided to divide the land into five equal portions, with the fifth portion going to the eldest son, William Githaiga. The Plaintiff and Defendant were the sons of Wacheke, one of the deceased's wives. The Defendant bought the land at Gathehu from his elder brother, William Githaiga, but the Plaintiff claimed it was a gift.
Issues
- Whether the Defendant acquired the land at Gathehu by buying it from William Githaiga or receiving it as a gift.
- Whether the Plaintiff is entitled to 4 acres of the land at Gathehu.
Reasoning
The court found that the land at Gathehu was given to the Defendant as a gift, not bought, and that the Plaintiff is entitled to 4 acres as his rightful share.
Outcome
Judgment in favor of the Plaintiff
Orders
- The Defendant holds the land in trust for himself and the Plaintiff.
- The land is to be subdivided into two portions with the Plaintiff receiving 4 acres.
- The Defendant must transfer the 4-acre portion to the Plaintiff.
- The Defendant must pay the costs of the suit and interest.
Remedies
- Transfer of 4 acres of land to the Plaintiff
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