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ELCAllowedNot stated in the extract provided· [2019] KEELC 3024 (KLR)

Mary Ngendo Ngui & another v Samuel Ngugi Muiruri [2019] KEELC 3024 (KLR)

Environment and Land Court
10 June 2019
EOE. O. Obaga
1,739 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that family land registered in one relative's name can be reclaimed through a trust claim, no matter how many years have passed.

What this practically means

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Executive summary

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The Plaintiffs, led by the 1st Plaintiff (daughter of the late Kiromo Warari by his second wife), sued the Defendant (son of Muiruri Ngugi, Kiromo Warari's first-born son) seeking a declaration that Land Parcels Karai/Gikambura/577 and 583 are held on trust in equal shares, excision and transfer of half portions to the Plaintiffs, and costs. The Defendant resisted on grounds that the 1st Plaintiff was married and had her own land, that parcel 577 was gifted by the grandfather to his father, that parcel 583 was purchased by his father, and that the claim was statute barred. The court framed three issues: limitation, existence of a trust, and costs. It held that there is no limitation on claims founded on trust. On the trust question, the court relied on evidence including earlier Kikuyu Land Disputes Tribunal proceedings (whose decision had been quashed by the High Court for want of jurisdiction) to find that parcel 577 was ancestral family land and parcel 583 was bought with proceeds of sale of Kiromo Warari's Gataara land and plot, and that registration in Muiruri Ngugi's name as first-born son was in trust for the family. Applying Kikuyu Customary Law that an unmarried daughter inherits her father's land, and noting Muiruri Ngugi had transferred parcel 575 to his brother, the court found it would be discriminatory to exclude the 1st Plaintiff, who is unmarried and lives in rented premises. The Plaintiffs' suit was allowed in full in terms of prayers (a), (b) and (c). Judgment was delivered at Nairobi on 10th June 2019 by E. O. Obaga J in the absence of parties who had been notified.

Key legal issues

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01

Whether the suit is barred by limitation

Holding

The suit is not statute barred because it is founded on trust

Reasoning

The Defendant contended the claim was statute barred, but the court held that no limitation applies to claims founded on trust, which is the basis of the Plaintiffs' case that the registered owner held the land in trust for family members.

p. 2
02

Whether a trust existed over LR Karai/Gikambura/577 and 583

Holding

Muiruri Ngugi held the two suit properties in trust for the 1st Plaintiff; the properties were family land

Reasoning

The court found on the evidence, including tribunal proceedings, that parcel 577 was ancestral family land and parcel 583 was purchased with proceeds of sale of Kiromo Warari's land and plot at Gataara. Since Muiruri Ngugi transferred parcel 575 to his brother, it would be discriminatory to exclude the unmarried 1st Plaintiff from her father's land.

p. 2

Legal principles established

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  • There is no limitation period for claims founded on trust
  • The existence or non-existence of a trust is a matter of evidence
  • Under Kikuyu Customary Law an unmarried daughter is entitled to inherit her father's land

Court orders

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  1. 1.A declaration that the Defendant holds Land Parcel Nos. Karai/Gikambura/577 and 583 on trust for himself and the Plaintiffs in equal shares
  2. 2.An order that a half portion of land be excised out of Land Parcel Nos. Karai/Gikambura/577 and 583 and the half parcels be transferred to the Plaintiffs jointly
  3. 3.Costs of the suit to the Plaintiffs
Jurisdiction invoked
Original civil jurisdiction over a claim founded on trust in respect of land registered under the Land Registration Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mary Ngendo Ngui & another v Samuel Ngugi Muiruri [2019] KEELC 3024 (KLR)", Case Analysis (2019). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3024/eng@2019-06-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.