[2018] KEELC 4404 (KLR)
The court found that the Plaintiffs' evidence, which was unchallenged by the Defendant, established that the Defendant was registered as proprietor of the suit land during adjudication but was holding the land in trust for the Plaintiffs as siblings. The absence of a Defence or contrary evidence meant the...
Source-derived case information.
- Citation
- [2018] KEELC 4404 (KLR)
- Parties
- Plaintiff: Mutuvi Munyao; Plaintiff: David Ndavi Munyao; Plaintiff: David Mbuta Munyao; Defendant: Mbai Munyao
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 117 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaint allowed as prayed.
- Judges
- OA Angote
- Legal Topics
- Trusts in Land, Adjudication Process, Title Registration, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutuvi Munyao
Plaintiff
David Ndavi Munyao
Plaintiff
David Mbuta Munyao
Plaintiff
Mbai Munyao
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Defendant holds parcel Matinyani/Kalindilo/457 in trust for the Plaintiffs.
- 2 Whether the Plaintiffs are entitled to sub-division and separate titles for the suit land.
Ratio Decidendi
The court found that the Plaintiffs' evidence, which was unchallenged by the Defendant, established that the Defendant was registered as proprietor of the suit land during adjudication but was holding the land in trust for the Plaintiffs as siblings. The absence of a Defence or contrary evidence meant the Plaintiffs' case was deemed admitted. The court therefore declared that the Defendant holds the land in trust for the Plaintiffs and granted the orders sought for sub-division and issuance of separate titles.
Court Disposition
Plaint allowed as prayed.
Orders
- Declaration that the Defendant holds parcel Matinyani/Kalindilo/457 in trust for the Plaintiffs.
- Order directing the Defendant to cause sub-division of the land into four equal portions and issuance of separate title documents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MACHAKOS
ELC. CASE NO. 117 OF 2017
MUTUVI MUNYAO ................................................1ST PLAINTIFF
DAVID NDAVI MUNYAO ......................................2ND PLAINTIFF
DAVID MBUTA MUNYAO ....................................3RD PLAINTIFF
VERSUS
MBAI MUNYAO...........................................................DEFENDANT
JUDGMENT
1. In the Plaint, the Plaintiffs averred that the parcel of land known as Matinyani/Kalindilo/457 was owned by the father of the parties herein; that the Defendant, being the brother of the Plaintiffs, was adjudicated as the owner of the land and that he holds the said land in trust for the Plaintiffs.
2. The Plaintiffs are seeking for a declaration that the Defendant holds the suit land in trust for them and an order directing the Defendant to cause the sub-division of the said land into four equal portions and have separate title documents issued.
3. Although the Defendant was served with the Plaint and Summons, he neither entered appearance nor filed a Defence.
4. The 1st Plaintiff and the Plaintiffs’ cousin, PW1 and PW2 appeared before me and repeated what has been averred in the Plaint.
5. PW1 stated that parcel of land number Matinyani/Kalindilo/457 (the suit land) was owned by their late father; that during the adjudication process, the land was registered in favour of the Defendant who is their elder brother and that the Defendant is holding the title document in trust for all the Plaintiffs.
6. Considering that the Plaintiffs’ averments have not been controverted by the Defendant, I find that indeed the Defendant is holding the Title Deed in respect to parcel of land known as Matinyani/Kalindilo/457 in trust for the Plaintiffs.
7. I therefore allow the Plaint dated 7th March, 2017 as prayed.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 23RD DAY OF FEBRUARY, 2018.
O.A. ANGOTE
JUDGE