[2023] KEELC 21820 (KLR)

[2023] KEELC 21820 (KLR)

The court found that the plaintiff was the true purchaser of the suit land, having paid the full consideration and entered into sale agreements in her name. The defendant, her son, was entrusted to deliver the final instalment but instead fraudulently registered the land in his own name, taking advantage of the plaintiff's illiteracy. The court held that the defendant held the land in trust for the plaintiff and her family, and that such a trust is an overriding interest not required to be noted on the register. The defendant's argument that the claim was time-barred failed, as actions based on fraudulent breach of trust are not subject to limitation. The court determined the trust,...

Citation
[2023] KEELC 21820 (KLR)
Parties
Plaintiff: Esther Ngonyo Gitara; Defendant: Domnic Chege Gitari
Court
Environment and Land Court
Court Station
Environment and Land Court at Busia
Jurisdiction
Kenya
Judgment Date
23 November 2023
Case Number
Environment & Land Case E040 of 2021
Procedural Posture
Environment and Land Case / Judgment
Outcome
Judgment for the plaintiff. Defendant's counter-claim dismissed. Title to land parcel No Bukhayo/Bugengi/2504 to be registered in the plaintiff's name in trust for her family. Each party to bear their own costs.
Judges
BN Olao
Legal Topics
Resulting Trusts, Fraudulent Transfer, Land Registration, Breach of Trust
Source Language
English
Land and Property Civil Procedure Resulting Trusts Fraudulent Transfer Land Registration Breach of Trust

Case Brief

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Parties

Esther Ngonyo Gitara

Plaintiff

Domnic Chege Gitari

Defendant

Procedural Posture

Environment and Land Case / Judgment

Legal Issues

  1. 1 Whether the defendant holds the title deed to land parcel No Bukhayo/Bugengi/2504 in trust for the plaintiff and if the same should now be determined and the title deed registered in the plaintiff’s name.
  2. 2 Whether the plaintiff, her agents, workers or tenants should be injuncted permanently from dealing with the land parcel No Bukhayo/Bugengi/2504.
  3. 3 Who bears the costs of the suit.

Ratio Decidendi

The court found that the plaintiff was the true purchaser of the suit land, having paid the full consideration and entered into sale agreements in her name. The defendant, her son, was entrusted to deliver the final instalment but instead fraudulently registered the land in his own name, taking advantage of the plaintiff's illiteracy. The court held that the defendant held the land in trust for the plaintiff and her family, and that such a trust is an overriding interest not required to be noted on the register. The defendant's argument that the claim was time-barred failed, as actions based on fraudulent breach of trust are not subject to limitation. The court determined the trust,...

Court Disposition

Judgment for the plaintiff. Defendant's counter-claim dismissed. Title to land parcel No Bukhayo/Bugengi/2504 to be registered in the plaintiff's name in trust for her family. Each party to bear their own costs.

Orders

  • The defendant’s counter-claim is dismissed.
  • The defendant holds the title to land parcel No Bukhayo/Bugengi/2504 in trust for the plaintiff and her family.