Jason Gitimu Wangara v Martin Munene Wangara & others [2013] KEHC 6030 (KLR)
- Court
- High Court of Kenya
- Case number
- 6030
- Citation
- [2013] KEHC 6030 (KLR)
- Decided
- 26 August 2013
The plaintiff holds the land in trust for the family, and the defendants are entitled to a permanent injunction and equitable sub-division of the land.
Facts
The plaintiff, Jason Gitimu Wangara, claims to be the registered owner of a 35-acre parcel of land known as MWEA/TEBERE/B/61. The defendants, including Martin Munene Wangara, claim the plaintiff holds the land in trust for the family, and the case was res-judicata due to a previous Mwea Land Dispute Tribunal ruling.
Issues
- Whether the plaintiff holds the land in trust for the family
- Whether the defendants are entitled to a permanent injunction and equitable sub-division of the land
Reasoning
The court found that the plaintiff, though registered as the owner, holds the land in trust for the family, and the defendants are entitled to a share of the land.
Outcome
The plaintiff's claim is dismissed, and the defendants are granted a permanent injunction and equitable sub-division of the land.
Orders
- A permanent injunction restraining the plaintiff from evicting the defendants from the suit land
- The plaintiff shall ensure that the suit property is equally shared between the family
Remedies
- Equitable sub-division of the land
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