[2025] KEELC 3255 (KLR)
The court found that the Applicants and Respondent jointly purchased the suit property and contributed equally to its acquisition. The registration of the property in the Respondent's name as trustee was not intended to create a permanent trust, but was a matter of convenience. There being no opposition from the...
Source-derived case information.
- Citation
- [2025] KEELC 3255 (KLR)
- Parties
- Applicant: Okoth Akumu John; Applicant: Kayugira Lincoln Ilatsia; Applicant: Patrick Esendi Masitsa; Applicant: Symon Kieme Thuo; Applicant: Ashioya Laban Etindi; Respondent: Mathew Mohammed Okusimba Omonyo; Interested Party: Chairperson, Limuru Lands Control Board; Interested Party: Kiambu County Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E001 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Summons
- Outcome
- application allowed
- Judges
- JM Onyango
- Legal Topics
- Trust Dissolution, Joint Ownership, Land Registration, Land Control Board Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okoth Akumu John
Applicant
Kayugira Lincoln Ilatsia
Applicant
Patrick Esendi Masitsa
Applicant
Symon Kieme Thuo
Applicant
Ashioya Laban Etindi
Applicant
Mathew Mohammed Okusimba Omonyo
Respondent
Chairperson, Limuru Lands Control Board
Interested Party
Kiambu County Land Registrar
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Originating Summons
Legal Issues
- 1 Whether the trust created in favour of the Respondent over L.R No. Ndeiya/ Makutano/2153 should be dissolved.
- 2 Whether the Applicants and Respondent are entitled to joint ownership of the suit property in equal shares.
- 3 Whether the Interested Parties should be compelled to facilitate subdivision and registration of the property in joint names.
Ratio Decidendi
The court found that the Applicants and Respondent jointly purchased the suit property and contributed equally to its acquisition. The registration of the property in the Respondent's name as trustee was not intended to create a permanent trust, but was a matter of convenience. There being no opposition from the Respondent and all parties being in agreement, the trust was dissolved. The court ordered that the property be jointly owned by the Applicants and Respondent in equal shares, and directed the Interested Parties to facilitate the necessary consents and registration to effectuate this outcome.
Court Disposition
application allowed
Orders
- The trust created and bestowed upon Mathew Mohammed Okusimba Omonyo over L.R No. Ndeiya/ Makutano/2153 is dissolved.
- The property known as Ndeiya/ Makutano/2153 shall be jointly owned by the 1st, 2nd, 3rd, 4th and 5th Applicants together with the Respondent, each having an equal share.
Full Case Text
Judgment text and source record
34 paragraphs
John & 4 others v Omonyo; Chairperson, Limuru Lands Control Board & another (Interested Parties) (Environment & Land Miscellaneous Case E001 of 2024) [2025] KEELC 3255 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3255 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Miscellaneous Case E001 of 2024
JM Onyango, J
April 3, 2025
Between
Okoth Akumu John
1st Applicant
Kayugira Lincoln Ilatsia
2nd Applicant
Patrick Esendi Masitsa
3rd Applicant
Symon Kieme Thuo
4th Applicant
Ashioya Laban Etindi
5th Applicant
and
Mathew Mohammed Okusimba Omonyo
Respondent
and
Chairperson, Limuru Lands Control Board
Interested Party
Kiambu County Land Registrar
Interested Party
Ruling
1. What is before the court is the application dated 9th January 2024 brought by way of originating summons seeking the following orders:1. That the trust created and bestowed on the Respondent on all that piece of land known as Land Reference Number Ndeiya/ Makutano/2153 be dissolved.2. That the property known as L. R No. Ndeiya/ Makutano/2153 be jointly owned by the 1st, 2nd, 3rd, 4th and 5th Applicants and the Respondent with each having equal share.3. That the 1st interested party herein be ordered to sign the Land Control Board consent form for sub-division transfer charge or any other dealing with the land on behalf of the Applicants and the Respondent herein.4. That the 2nd Interested Party be directed to effect the sub-divisions, transfer or any other dealings on all that land known as L.R No. Ndeiya/ Makutano/2153 in favour of the applicants and the Respondent.5. That there be no order as to costs.
2. The application is based on the grounds set out on the face of the originating summons and the Supporting Affidavit of Okoth Akumu John, the 1st Applicant herein, sworn on 9. 1.24.
3. In the said affidavit, the 1st Applicant deponed that in August 2019 he and the other Applicants together with the Respondent purchased the parcel of land know as L.R No. Ndeiya/ Makutano/2153 (hereinafter known as the suit property).
4. He further depones that upon purchase of the suit property they paid all the relevant taxes and they were issued with a title deed in the name of the Respondent as trustee for the Applicants who are the beneficiaries. He depones that it was not their desire to have the suit property registered as a trust since they contributed equal amounts towards the purchase price. He adds that the registration of the of the suit property as a trust has prevented them from using and enjoying the suit property as intended. It is therefore their intention to have the trust dissolved.
5. The application as duly served upon the Respondent who appeared in court via Microsoft virtual platform on 3. 4.25 and informed the court that he had no objection to the dissolution of the trust.
6. Having considered the application and supporting affidavit and there being no opposition to the application by the Respondent, the same is hereby allowed in the following terms:a.The trust created and bestowed upon Mathew Mohammed Okusimba Omonyo, the Respondent herein on all that parcel of land known as L.R No. Ndeiya/ Makutano/2153 is hereby dissolved.b.The property known as Ndeiya/ Makutano/2153 shall be jointly owned by the 1st, 2nd, 3rd, 4th and 5th Applicants together with the Respondent with each of them having an equal share.c.The Interested Party is hereby directed to sing the Land Control Board form for subdivision, transfer charge or any other dealings with the land on behalf of the Applicants and respondent herein upon payment of the requisite fee.d.The Land Registrar Kiambu (2nd Interested Party) is hereby directed to effect the sub-division transfer or any other dealings on all that land parcel known as Ndeiya/ Makutano/2153 in favour of the Applicants and the Respondent.e.There shall be no order as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA THIS 3RD DAY OF APRIL 2025. ……………………J. M ONYANGOJUDGEIn the presence of:Mr. Onganda for the ApplicantsMathew Mohammed Okusimba Omonyo present on the virtual platformCourt Assistant: Hinga