David Murimi Muriuki & another v Mwathi Kaba & another [2013] KEHC 2131 (KLR)

Facts

The plaintiffs, David Murimi Muriuki and Peter Muriithi Muriuki, are the grandchildren of the defendant, Mwathi Kaba. The defendant is the registered owner of land parcel No. NGARIAMA/THIRIKWA/50, which he claims to hold in trust for himself, the plaintiffs, and his other children. The plaintiffs claim the defendant holds the land in trust for them and seek a declaration that they are entitled to one acre of the land.

Issues

1. Whether the defendant holds the land in trust for the plaintiffs and their mother
2. Whether the plaintiffs are entitled to one acre of the land

Reasoning

The court considers the evidence and finds that the plaintiffs are part of the defendant's family and that the land was originally clan land. The court holds that the defendant's obligation as a trustee includes allowing the plaintiffs to use part of the land.

Outcome

Judgment for the plaintiffs, declaring that they are entitled to one acre of the land and prohibiting the defendant from selling, alienating, or disposing of the land until the plaintiffs' portion has been sub-divided and registered in their names.

Authorities cited