[2020] KEELC 3910 (KLR)
The court found that the applicant, as the mother and trustee of the minor, had purchased the suit land and held it in trust for her son. The applicant demonstrated that she intended to sell the suit land and had already acquired a replacement property for the minor. The court was satisfied that the applicant's...
Source-derived case information.
- Citation
- [2020] KEELC 3910 (KLR)
- Parties
- Applicant: FKK (Applying as the mother and trustee to MK (minor))
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 56 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Trusts in Land, Transfer of Land, Interests of Minors, Court Sanction for Trustee Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FKK (Applying as the mother and trustee to MK (minor))
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant, as trustee and mother, should be allowed to transfer land held in trust for a minor.
- 2 Whether the replacement property sufficiently protects the minor's interests.
Ratio Decidendi
The court found that the applicant, as the mother and trustee of the minor, had purchased the suit land and held it in trust for her son. The applicant demonstrated that she intended to sell the suit land and had already acquired a replacement property for the minor. The court was satisfied that the applicant's actions were guided by the best interests of the minor and that the application was merited. Accordingly, the court allowed the application, permitting the applicant to transfer the land held in trust.
Court Disposition
application allowed
Orders
- The applicant is allowed to transfer the suit land held in trust for the minor as prayed in the application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISC ELC APPLICATION NO. 56 OF 2019
IN THE MATTER OF LAND REGISTRATION ACT NO. 3 OF 2012 LAWS OF KENYA
AND
IN THE MATTER OF LAND ACT NO. 6 OF 2012 LAWS OF KENYA
AND
IN THE MATTER OF TRUSTEE CAP 167 LAWS OF KENYA
AND
IN THE MATTER OF APPLICATION FOR ORDERS TO ALLOW THE APPLICANT TO TRANSFER THE LAND HELD IN TRUST
FKK (Applying as the mother and trustee to MK (minor)……………………….……………...APPLICANT
RULING
1. The application dated 17. 9.2019 is brought under the following provisions of law: “Section 3, 3A of the Civil Procedure Act Cap 21 Laws Of Kenya, Section 47 of the Land Registration Act, Section 27 of the Land Act, Sections 48 and 50 of the Trustee Act Cap 167 Laws of Kenya, order 51 Rule 1 of the Civil Procedure Rules (2010) and all other enabling Laws of Kenya)”.
2. The applicant prays for orders to be allowed to transfer the land No. Abothuguchi/L-Kiija/[particulars withheld] (the suit land) which land is registered in her name and that of MK, a minor. The Applicant contends that she is the minor’s biological mother and she bought the suit land on 31. 3.2006, but she now desires to sell the same to one Stella Mwari Muraa. She also contends that she has purchased land No. Nkuene/Mitunguu/][articulars withheld]/ as a replacement for the suit land and that she holds parcel no. [particulars withheld] in trust for her son. She further contends that her actions are guided by the best interest of the minor.
3. I have considered the circumstances under which the applicant came to be registered as owner of the suit land in trust for the minor. She (applicant) is the one who had bought the suit land on 31. 3.2006 vide the sale agreement availed as F.K.K – 2. The new property Nkuene/Mitunguu/383 has not been registered on behalf of the minor going by the contents of the title dated 20. 2.2019. Nevertheless, I have no doubt that applicant must have been the one who bought the suit land in 2006 when her son was only 3 years old.
4. In the circumstances, I find that the application dated 17. 9.2019 is merited and the same is allowed as drawn.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 22ND JANUARY, 2020 IN THE PRESENCE OF:-
C/A: Kananu
Anampiu A. holding brief for Ngaira for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE