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Kenya decisions
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Magra Gronstrar v Baya Abraham Wanje [2017] KEHC 7066 (KLR)
The High Court held that the plaintiff failed to prove the 40,000 Euros transfer was anything other than a gift, so no resulting trust arose and the suit was dismissed with costs.
G G W v D G W [2015] KEHC 290 (KLR)
The court found that the parcels of land in question were gifted to both parties during the subsistence of their marriage and registered in their joint names as tenants in common in equal shares. The respondent's claim that the properties were held in trust for their son was not supported by any documentary evidence or registration of a trust, nor was there a trust deed. The court held that the intention to create a trust must be clearly established by evidence, which was lacking in this case. The donor (respondent's father) had transferred the properties absolutely, and any claim of trust wa…
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