[2025] KEELC 4273 (KLR)

[2025] KEELC 4273 (KLR)

The court found that the 2nd Applicant was registered as trustee for the beneficiaries as evidenced by the rectified certificate of confirmation of grant and the title deed. The trust was properly created and noted in the register. The court held that, under Order 37 Rule 1 of the Civil Procedure Rules, it had jurisdiction to determine the rights of the beneficiaries without the need for full administration of the estate. The Applicants had provided sufficient evidence to prove the existence of the trust and the entitlement of the beneficiaries. The court concluded that the originating summons had merit and granted the orders as prayed, allowing the trust to be determined in favour of...

Citation
[2025] KEELC 4273 (KLR)
Parties
Applicant: John Kabari Muniu; Applicant: Isaac Karanja Muniu
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Enviromental and Land Originating Summons E015 of 2024
Procedural Posture
Originating Summons / Judgment
Outcome
Originating summons allowed as prayed.
Judges
MAO Odeny
Legal Topics
Trusts in Land, Confirmation of Grant, Distribution of Estate
Source Language
English
Land and Property Civil Procedure Trusts in Land Confirmation of Grant Distribution of Estate

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Parties

John Kabari Muniu

Applicant

Isaac Karanja Muniu

Applicant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the 2nd Applicant holds Nakuru/Rare/Gichobo/68 as trustee for Jane Wambui Muniu, Paul Njenga Muniu, and Rachael Muthoni Muniu.
  2. 2 Whether the trust created by the rectified certificate of confirmation of grant should be determined in favour of the named beneficiaries.
  3. 3 Whether the reliefs sought in the originating summons can be granted.

Ratio Decidendi

The court found that the 2nd Applicant was registered as trustee for the beneficiaries as evidenced by the rectified certificate of confirmation of grant and the title deed. The trust was properly created and noted in the register. The court held that, under Order 37 Rule 1 of the Civil Procedure Rules, it had jurisdiction to determine the rights of the beneficiaries without the need for full administration of the estate. The Applicants had provided sufficient evidence to prove the existence of the trust and the entitlement of the beneficiaries. The court concluded that the originating summons had merit and granted the orders as prayed, allowing the trust to be determined in favour of...

Court Disposition

Originating summons allowed as prayed.

Orders

  • The trust created by the rectified certificate of confirmation of grant issued to John Kabari Muniu and Isaac Karanja Muniu on 6th December, 2022 is declared in favour of Jane Wambui Muniu, Paul Njenga Muniu, and Rachael Muthoni Muniu as specified.
  • Land parcel no. Nakuru/Rare/Gichobo/68 held in trust by Isaac Karanja Muniu to be subdivided and distributed as follows: Jane Wambui Muniu - 2.5 acres; Paul Njenga Muniu - 3 acres; Racheal Muthoni Muniu - 2.5 acres.