Pius Mugo Njogu v Kirwere Njogu [2015] KEHC 1973 (KLR)
- Court
- High Court of Kenya
- Case number
- 1973
- Citation
- [2015] KEHC 1973 (KLR)
- Decided
- 9 October 2015
The defendant holds the parcel No. MWEA/TEBERE/B/1297 in trust for himself and the plaintiff. The caution placed on the suit land by the plaintiff is within the law.
Facts
The plaintiff and defendant are brothers of the late NJOGU MWANIKI. Their father was allocated two parcels of land, MWEA/TEBERE/B/4 and KABARE/NYANGATI/524. The defendant was registered as the proprietor of MWEA/TEBERE/B/4 to hold in trust for himself and the plaintiff. The plaintiff claims a portion of the land MWEA/TEBERE/B/1297, which he claims is a resultant subdivision of MWEA/TEBERE/B/4.
Issues
- Whether the defendant holds the parcel No. MWEA/TEBERE/B/1297 in trust for himself and the plaintiff.
- Whether the caution placed on the suit land by the plaintiff is lawful and should be lifted.
Reasoning
The evidence shows that the defendant was the eldest son and held the land in trust for himself and the plaintiff. The caution placed on the land by the plaintiff was within the law as the defendant had already abused his duties as a trustee.
Outcome
Judgment entered for the plaintiff against the defendant.
Orders
- Vesting ownership of 3.295 Ha of the said land to the plaintiff.
- Costs of this suit to be met by each party.
Authorities cited
Cases cited (2)
- HENRY MWANGI VS CHARLES MWANGI C.A CIVIL APPEAL NO. 245 of 2004 NYERI
- KANYI VS MUTHORA 1984 K.L.R 712
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