Japhet Kaimenyi M'ndatho v M 'Ndatho M'bwiria [2014] KEHC 623 (KLR)

Facts

The plaintiff claims he was born and raised in the original land reference No. NYAKI/MUNITHU/397 and has lived there for 54 years. He claims the defendant sub-divided the land into 4 portions in 1984, giving 1.5 acres to the plaintiff, 1.5 to John Gakuubi, 1.5 to Silas Murerwa M'Ndatho, and 1.00 acre to the defendant and his daughter Margaret Kithiira M'Ndatho. The plaintiff claims the defendant holds 1.5 acres of the original land in trust for him.

Issues

1. Whether the defendant holds 1.5 acres of the original land in trust for the plaintiff.
2. Whether the defendant interferes with the use and occupation of the plaintiff's land.

Reasoning

The court declared that the defendant holds 1.5 acres of the original land in trust for the plaintiff based on the plaintiff's long-term residence and the defendant's consent to the plaintiff's construction of a family house.

Outcome

In favor of the plaintiff