EDWARD MUTHEE GITIMO v JOSEPH MATHENGE GITIMU [2007] KEHC 2646 (KLR)
- Court
- High Court of Kenya
- Case number
- 2646
- Citation
- [2007] KEHC 2646 (KLR)
- Decided
- 20 July 2007
The court finds that the Defendant holds property No. 326 in trust for the Plaintiff and grants a preliminary decree to that effect. The court will consider the costs of the suit when the final decree is issued.
Facts
The Plaintiff, Edward Muthee Gitimo, claims that the Defendant, Joseph Mathenge Gitimu, is registered as the owner of property No. 326 in trust for the Plaintiff. The Plaintiff alleges that the property was passed on to Gitimu Ndi by their grandfather and should be sub-divided between the Plaintiff and the Defendant. The Defendant, however, registered the property in his name in 1963 and later registered a charge in favor of Agricultural Finance Corporation (AFC) in 1979.
Issues
- Ownership of property No. 326
- Subdivision of the property
- Payment of charge by Agricultural Finance Corporation (AFC)
Reasoning
The court finds that the Plaintiff has proved his case on a balance of probability that the Defendant was registered as owner of the suit property as trustee for him. However, the court notes that it would be difficult to enter judgment for the sub division until the Plaintiff presents evidence that AFC have been fully paid and a discharge of charge by AFC is brought before court.
Outcome
The court grants a preliminary decree to the effect that the Defendant holds property No. 326 in trust for the Plaintiff.
Orders
- Granting a preliminary decree to the effect that the Defendant holds property No. 326 in trust for the Plaintiff.
- Awaiting further evidence from the Plaintiff regarding AFC's payment and discharge of charge by AFC before entering a final decree for sub division.
Remedies
- Preliminary decree to the effect that the Defendant holds property No. 326 in trust for the Plaintiff.
Loading judgment…