[2019] KEELC 4655 (KLR)
The court found that the plaintiff provided a credible and plausible account of how the deceased caused the suit land to be registered in the defendant's name, specifically for the purpose of facilitating compensation that never materialized. Since the compensation arrangement failed and the plaintiff's family...
Source-derived case information.
- Citation
- [2019] KEELC 4655 (KLR)
- Parties
- Plaintiff: Stephen Muchui M’Ndiene (suing on behalf of the Estate of M’Ndiene M’Njiruu Mwiragua, Deceased); Defendant: Jacob Gatobu M’Ataya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 266 of 2016
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff's claim allowed; suit land to be transferred to plaintiff as trustee for the estate.
- Legal Topics
- Land Transfer, Trusteeship, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Muchui M’Ndiene (suing on behalf of the Estate of M’Ndiene M’Njiruu Mwiragua, Deceased)
Plaintiff
Jacob Gatobu M’Ataya
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff, on behalf of the estate of the deceased, is entitled to the transfer of land parcel No. NYAMBENE/URINGU III/188 from the defendant.
- 2 Whether the defendant lawfully holds title to the suit land or holds it in trust for the estate of the deceased.
- 3 Whether the plaintiff has proved his case on a balance of probabilities.
Ratio Decidendi
The court found that the plaintiff provided a credible and plausible account of how the deceased caused the suit land to be registered in the defendant's name, specifically for the purpose of facilitating compensation that never materialized. Since the compensation arrangement failed and the plaintiff's family remains in occupation of the land, the defendant is deemed to hold the land in trust for the estate of the deceased. The absence of a defence from the defendant further strengthened the plaintiff's case. The court therefore ordered the transfer of the suit land from the defendant to the plaintiff, to be held in trust for the estate of the deceased.
Court Disposition
Plaintiff's claim allowed; suit land to be transferred to plaintiff as trustee for the estate.
Orders
- An order is issued for the transfer of land parcel NO. NYAMBENE/URINGU III/188 from the defendant’s name to the plaintiff’s name as trustee for the estate of M’Ndiene M’Njiruu Mwiragua.
- The Deputy Registrar is authorized to sign all requisite documents to facilitate the transfer.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 266 OF 2016
STEPHEN MUCHUI M’NDIENE (suing on behalf of the ESTATE
OF M’NDIENE M’NJIRUU MWIRAGUA (DECEASED)..........PLAINTIFF
VERSUS
JACOB GATOBU M’ATAYA.......................................................DEFENDANT
JUDGMENT
1. The plaintiff has filed this suit on behalf of the estate of M’NDIENE M’NJIRUU MWIRAGUA (Deceased). He avers that deceased was the registered owner of parcel no. NYAMBENE/URINGU III/780 and that land parcel no. NYAMBENE/URINGU III/188 was curved from the other parcel no. 780.
2. According to plaintiff who testified as PW 1, a road was meant to pass through the area and each family was to be compensated with five acres of land at Meru forest. The deceased then gave defendant the subject suit land no. 188 to make it easier for deceased to get land at Meru forest. Apparently, the compensation arrangement was that no one was to benefit twice.
3. The compensation arrangement did not materialize as the road passed elsewhere. Then plaintiff’s father passed on. However, the family of deceased is still the one in occupation of the suit land.
4. In support of this case, plaintiff produced as exhibit a copy of search for land parcel No. Nyambene/ Uringu 111/188, a demand notice, the caution and a copy of grant.
5. Defendant did not defend this suit despite the fact that he was served with summons to enter appearance.
6. I find that the copy of the official search indicates that the suit land no. Nyambene/Uringu III/188 is registered in the name of defendant (as from 19. 8.2004). PW 1 has given a plausible account of how deceased caused the suit land to be registered in the name of defendant. I am inclined to find that plaintiff’s claim is merited.
7. However, plaintiff has filed the suit on behalf of the estate of deceased and hence the reversal of the land should be to that estate.
8. Final orders;
(1) An order is hereby issued for the transfer of land parcel NO. NYAMBENE/URINGU III/188 from defendant’s name to plaintiff’s name whereby plaintiff is to be registered as a trustee for the estate of M’NDIENE M’NJIRUU M’MWIRAGUA.
(2) The Deputy Registrar of this court is hereby authorized to sign all requisite documents to facilitate the aforementioned transfer.
(3) The caution lodged herein is lifted to facilitate the transfer of the land.
(4) No orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 13TH FEBRUARY, 2019
IN THE PRESENCE OF:-
C/A: Kananu
Nyakwara holding brief for Ogoti for plaintiff
HON. LUCY. N. MBUGUA
ELC JUDGE