Margaret Wambogo Nyaga v Johnson Mucamura Gitonga [2021] KEHC 8048 (KLR)

Facts

The appellant Margaret Wambogo Nyaga sued the respondent Johnson Mucamura Gitonga in his capacity as the administrator of the Estate of the late Antony Gitonga Mwaniki over the subject property, claiming a constructive trust over half an acre. The trial court dismissed the claim.

Issues

1. Whether the trial court erred in finding that the protestor had not proved her case on a balance of probabilities.
2. Whether the trial court erred in not finding the protestor on behalf of the Estate of Japhet Nyaga Njathika was not entitled to half of an acre out of the subject property.
3. Whether the trial court erred in finding that the lack of Consent to Transfer from the Land Control Board to transfer the half acre invalidated the claim by the claim of the late Japhet Nyaga Njathika or his estate.

Reasoning

The court found that the appellant failed to prove her case on a balance of probabilities and that the subject property was not held in trust for the Njathika family.

Outcome

Appeal allowed

Authorities cited