SAMSON M’ITWAMWARI MUMIIRA v JACKSON KIBETERU & ANOTHER [2007] KEHC 493 (KLR)
- Court
- High Court of Kenya
- Case number
- 493
- Citation
- [2007] KEHC 493 (KLR)
- Decided
- 24 May 2007
The appeal is allowed, and the decree of the lower court is set aside with costs to the appellant.
Facts
The appellant was sued by the respondents for a declaration that he was the registered proprietor of land No.Nyaki/Kithoka/272 to hold it in trust for himself and his two deceased brothers, and for the subdivision and transfer of land.
Issues
- existence of a trust
- suit land as clan land
- father's ownership of land
- land before demarcation as family land
- evidence of trust
- letters of administration
- time-barred suit
- particulars of trust
Reasoning
The court found that the respondents did not prove the existence of a trust or that the suit land was bought jointly by the parties' fathers. The suit land was not a clan land, and the appellant's father did own land. The court also found that the respondents did not require letters of administration and that the suit was not time-barred. The particulars of trust were not pleaded, and the court held that trust was not pleaded.
Outcome
Appeal allowed
Orders
- Decree of the lower court set aside with costs to the appellant
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