[1998] KECA 41 (KLR)
The Court of Appeal found no error in the High Court's judgment that the respondent was properly registered as proprietor of the suit property, as the evidence showed that only the respondent's father contributed to redeeming the land and the appellants refused to assist. The appellants failed to prove the existence...
Source-derived case information.
- Citation
- [1998] KECA 41 (KLR)
- Parties
- Appellant: Njoroge Karanja; Appellant: Francis Nderu Karanja; Respondent: Karanja Mwangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 296 of 1997
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Trust of Land, Proprietorship Dispute, Beneficial Interest, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njoroge Karanja
Appellant
Francis Nderu Karanja
Appellant
Karanja Mwangi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondent holds the suit property Loc.6/GIATHAINI/703 in trust for the appellants.
- 2 Whether the registration of the respondent as proprietor was proper and justifiable.
Ratio Decidendi
The Court of Appeal found no error in the High Court's judgment that the respondent was properly registered as proprietor of the suit property, as the evidence showed that only the respondent's father contributed to redeeming the land and the appellants refused to assist. The appellants failed to prove the existence of a trust. The appellate court upheld the trial judge's findings, concluding that there was no basis to interfere with the decision and that the respondent did not hold the property in trust for the appellants.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
Civil Appeal 296 of 1997
NJOROGE KARANJA
FRANCIS NDERU KARANJA .............................................................................................. APPELLANTS
AND
KARANJA MWANGI ......................................................................................................... RESPONDENTS
(An Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice D.K.S. Aganyanya) dated 22nd October, 1997
in
H.C.C.C. NO. 3030 OF 1993 (O.S.))
*****************
JUDGMENT OF THE COURT
This is an appeal by the unsuccessful plaintiffs from a judgment and decree of the superior court (Aganyanya,J.) given on October 22, 1997 whereby he dismissed the plaintiffs' originating summons seeking a declaration that the respondent holds the suit property namely Loc.6/GIATHAINI/703 in trust for the plaintiffs and other consequential reliefs.
At the hearing of the summons before the superior court the parties gave evidence when they were cross-examined. The defendant in addition called two witnesses. In a reserved judgment the learned judge held that it was only reasonable to accept the respondent's evidences that he was registered as proprietor of the suit property by his father who had alone contributed money to redeem the suit property from previous purchases and the appellants had refused to assist. The learned judge accepted the respondent's version and rejected that of the appellants. In the result, he dismissed the appellants' suit with costs.
We heard the first appellant in support of the appeal and the respondent in opposition thereof. Nothing was shown to us to satisfy us that the learned judge had erred in principle or otherwise in reaching the decision which he did. Upon a careful scrutiny of the evidence, we are satisfied that the learned judge was right and that we ourselves would have come to the same conclusion. There is no reason to interfere with the findings by the learned judge. We uphold his judgment fully and dismiss the appeal with costs.
Dated and delivered at Nairobi this 26th day of May, 1998.
R.S.C. OMOLO
..................
JUDGE OF APPEAL
A.A. LAKHA
...................
JUDGE OF APPEAL
G.S. PALL
.....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR