Gladys Njeri Muhura v Lispa Wagaturi Muthiguro [2019] KEELC 4083 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a customary trust existed over LOC 8/KARI KARURU/232 in favour of Muhura Kiganda's family
Yes - a customary trust to the extent of a half share was proved on a balance of probabilities
The land was family land registered in 1957 in the name of Muthiguro, the eldest son, while Muhura was away at demarcation. Both families have lived on the land for over 60 years, occupying distinct portions and burying their dead there without objection. The Defendant gave no particulars of any purchased fragments. Applying the Kieba elements, the trust was established. Balance of probabilities satisfied.
Whether registration under the Land Registration Act defeats an unregistered customary trust
No - customary trusts are overriding interests under section 28(b) of the Land Registration Act and bind registered proprietors
Section 28(b) of the Land Registration Act, 2012 (mirroring sections 27, 28 and 30 of the repealed Registered Land Act, Cap 300) provides that registered land is subject to trusts including customary trusts without their being noted on the register. Kanyi v Muthiora confirms registration does not extinguish Kikuyu customary law rights or trustee duties.
Legal principles established
#- Registration of land does not extinguish rights arising under customary law trust obligations
- A customary trust need not be registered; it subsists as an overriding interest binding on the land
- Customary trust claims are assessed case by case on the quality of evidence against the elements set out in the Kieba decision
Court orders
#- 1.Declared that the late Muthiguro Kiganda held land parcel LOC8/KARI KARURU/232 in trust for the late Muhura Kiganda to the extent of a half share (0.95 acres)
- 2.Dissolved the trust and directed that the suit land be subdivided and a half share registered in the name of the Plaintiff as administrator of the estate of Muhura Kiganda
- 3.Directed that each party bears their own costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land held in customary trust
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gladys Njeri Muhura v Lispa Wagaturi Muthiguro [2019] KEELC 4083 (KLR)", Case Analysis (2019). ELC Case (Murang'a) - suit filed 9/5/2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4083/eng@2019-03-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.