[2008] KEHC 2171 (KLR)

[2008] KEHC 2171 (KLR)

The court found that the defendant held half of property MAGUTU/GAIKUYU/326 in trust for the plaintiff. Upon proof that the charge by Agricultural Finance Corporation had been discharged, there was no longer any legal impediment to terminating the trust and effecting registration of the plaintiff as proprietor of half the property. The court ordered the termination of the trust, division of the property into equal shares, and registration of the plaintiff as proprietor of 2.3 acres, with the defendant retaining the remaining 2.3 acres. The court further ordered that registration proceed without the need for the original title and awarded costs to the plaintiff.

Citation
[2008] KEHC 2171 (KLR)
Parties
Plaintiff: Edward Muthee Gitimu; Defendant: Joseph Mathenge Gitimu
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
30 July 2008
Case Number
Civil Case 367 of 1993
Procedural Posture
Civil Case / Final Judgment
Outcome
Judgment for the plaintiff. Trust terminated. Plaintiff to be registered as proprietor of 2.3 acres. Costs awarded to plaintiff.
Judges
MM Kasango
Legal Topics
Trusts Over Land, Registration of Title, Discharge of Charge
Source Language
English
Land and Property Trusts Over Land Registration of Title Discharge of Charge

Case Brief

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Parties

Edward Muthee Gitimu

Plaintiff

Joseph Mathenge Gitimu

Defendant

Procedural Posture

Civil Case / Final Judgment

Legal Issues

  1. 1 Whether the defendant held half of property MAGUTU/GAIKUYU/326 in trust for the plaintiff.
  2. 2 Whether the trust should be terminated and the plaintiff registered as proprietor of half the property.
  3. 3 Whether the discharge of charge by Agricultural Finance Corporation was effected.

Ratio Decidendi

The court found that the defendant held half of property MAGUTU/GAIKUYU/326 in trust for the plaintiff. Upon proof that the charge by Agricultural Finance Corporation had been discharged, there was no longer any legal impediment to terminating the trust and effecting registration of the plaintiff as proprietor of half the property. The court ordered the termination of the trust, division of the property into equal shares, and registration of the plaintiff as proprietor of 2.3 acres, with the defendant retaining the remaining 2.3 acres. The court further ordered that registration proceed without the need for the original title and awarded costs to the plaintiff.

Court Disposition

Judgment for the plaintiff. Trust terminated. Plaintiff to be registered as proprietor of 2.3 acres. Costs awarded to plaintiff.

Orders

  • Termination of the defendant’s trust over property MAGUTU/GAIKUYU/326.
  • Plaintiff to be registered as proprietor of 2.3 acres of MAGUTU/GAIKUYU/326; defendant to retain 2.3 acres.