[2023] KEELC 22219 (KLR)

[2023] KEELC 22219 (KLR)

The court found that the respondent, as trustee and registered proprietor of the suit property, was present in court and expressly agreed to the termination of the trust as sought by the applicants. There was no opposition to the application, and all parties were in consensus regarding the dissolution of the trust...

Source-derived case information.

Citation
[2023] KEELC 22219 (KLR)
Parties
Applicant: Jayne Gathoni Kimani; Applicant: Wilfred Muramati Kimani; Applicant: Grace Gathoni Kimani; Applicant: Kihara Kimani; Applicant: Libin Kimani Njengwa; Applicant: Monicah Wambui Kimani; Applicant: Eunice Njoki Njenga; Applicant: Edward Kimani; Respondent: Virginia Wanjiku Kimani; Interested Party: Chairman, Kabete Land Board; Interested Party: Land Registrar, Kiambu
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Case Number
Environment and Land Miscellaneous Application 8 of 2023
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Amended originating summons allowed; trust terminated; land to be disposed and proceeds distributed among beneficiaries; no order as to costs.
Judges
BM Eboso
Legal Topics
Trust Termination, Land Registration, Beneficial Ownership
Source Language
en
Land and Property Trust Termination Land Registration Beneficial Ownership

Source-derived case record

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Parties

Jayne Gathoni Kimani

Applicant

Wilfred Muramati Kimani

Applicant

Grace Gathoni Kimani

Applicant

Kihara Kimani

Applicant

Libin Kimani Njengwa

Applicant

Monicah Wambui Kimani

Applicant

Eunice Njoki Njenga

Applicant

Edward Kimani

Applicant

Virginia Wanjiku Kimani

Respondent

Chairman, Kabete Land Board

Interested Party

Land Registrar, Kiambu

Interested Party

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the trust relating to the registration of the respondent as proprietor of Kabete/Kanyariri/3761 should be terminated.
  2. 2 Whether the land should be disposed and proceeds distributed among beneficiaries.

Ratio Decidendi

The court found that the respondent, as trustee and registered proprietor of the suit property, was present in court and expressly agreed to the termination of the trust as sought by the applicants. There was no opposition to the application, and all parties were in consensus regarding the dissolution of the trust and the distribution of the property. The court therefore allowed the amended originating summons in terms of prayers 1, 2, and 3, thereby terminating the trust, ordering the disposal of the land, and directing that the proceeds be distributed among the beneficiaries as per their respective shares.

Court Disposition

Amended originating summons allowed; trust terminated; land to be disposed and proceeds distributed among beneficiaries; no order as to costs.

Orders

  • The trust relating to the registration of the respondent as proprietor of Kabete/Kanyariri/3761 is terminated.
  • The land Kabete/Kanyariri/3761 shall be disposed of.