[2025] KEELC 4730 (KLR)

[2025] KEELC 4730 (KLR)

The court found that although the Respondent was the registered proprietor of the suit land, the evidence established that the land was acquired jointly by the Appellant, the Respondent's father, and their brother using family resources from a business in Uganda. The Appellant had been in possession of the land since the 1980s with the family's consent and had constructed a permanent house thereon. The clan had resolved that the property was to be shared equally among the brothers, and the transfer of the land to the Respondent by his father was done secretly, disregarding the Appellant's long-standing occupation and interest. The court held that a constructive trust existed, giving the...

Citation
[2025] KEELC 4730 (KLR)
Parties
Appellant: William Muli Muinga; Respondent: David Ngose Ndunda
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 June 2025
Case Number
Environment and Land Appeal E016 of 2023
Procedural Posture
Environment and Land Appeal / First Appeal From Judgment of Principal Magistrate in CM ELC Case No. 63 of 2020
Outcome
Appeal allowed. Judgment of the trial court set aside. Respondent's suit dismissed. No order as to costs.
Judges
NA Matheka
Legal Topics
Constructive Trust, Overriding Interest, Land Registration, Family Land Disputes
Source Language
English
Land and Property Constructive Trust Overriding Interest Land Registration Family Land Disputes

Case Brief

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Parties

William Muli Muinga

Appellant

David Ngose Ndunda

Respondent

Procedural Posture

Environment and Land Appeal / First Appeal From Judgment of Principal Magistrate in CM ELC Case No. 63 of 2020

Legal Issues

  1. 1 Whether the Respondent held parcel Machakos/Kiandani/2183 in trust for the Appellant.
  2. 2 Whether the trial court erred in declaring the Appellant a trespasser despite long-term possession and occupation.
  3. 3 Whether the Appellant has an overriding interest over the suit land based on constructive trust.

Ratio Decidendi

The court found that although the Respondent was the registered proprietor of the suit land, the evidence established that the land was acquired jointly by the Appellant, the Respondent's father, and their brother using family resources from a business in Uganda. The Appellant had been in possession of the land since the 1980s with the family's consent and had constructed a permanent house thereon. The clan had resolved that the property was to be shared equally among the brothers, and the transfer of the land to the Respondent by his father was done secretly, disregarding the Appellant's long-standing occupation and interest. The court held that a constructive trust existed, giving the...

Court Disposition

Appeal allowed. Judgment of the trial court set aside. Respondent's suit dismissed. No order as to costs.

Orders

  • The Judgment of the trial Court delivered on 29th March, 2023 and all consequential orders are set aside.
  • The Plaintiff's suit in the lower court is dismissed.