ALICE WANJIRU MWAURA V PETER NJUGUNA MWAURA & ANOTHER [2013] KEHC 4304 (KLR)

Facts

The Plaintiff, Alice Wanjiru Mwaura, claimed that she and her deceased husband contributed to the purchase of a parcel of land known as Kabete/Nyathuna/665. The 1st Defendant, Peter Njuguna Mwaura, is her son and the 2nd Defendant, Esther Waithaka Mwaura, is her co-wife. The Plaintiff alleged that the 1st Defendant was threatening to subdivide the land, and she sought declaratory orders and a sub-division of the land.

Issues

1. Whether the Court can issue declaratory orders and sub-divide the parcel of land
2. Whether the Plaintiff has contributed to the purchase of the land and has equitable interests in it

Reasoning

The Court found that the Plaintiff's claim was not supported by concrete evidence and her testimony was not sufficient to establish her contribution to the purchase of the land. The Court also noted that the Plaintiff did not call witnesses to support her claim.

Outcome

Dismissal of the suit

Authorities cited