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ELCPartially AllowedELC Case No 208 of 2011· [2019] KEELC 4301 (KLR)

Jerusha Nnjambi Karungu v Andrew Martin Karungu Chege [2019] KEELC 4301 (KLR)

Environment and Land Court
25 February 2019
KBK. BOR
1,282 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 a mother who funded her son's property purchase owns the land, even though it was registered in his name.

What this practically means

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Executive summary

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This was a mother-son land dispute in the Environment and Land Court at Nairobi, ELC Case No 208 of 2011, decided by K. Bor J on 25 February 2019. The Plaintiff claimed she acquired Nairobi/Block 140/86/26 Nyayo Embakasi from NSSF in 1999-2000 through her son, the Defendant, who signed the sale agreement in trust for her using funds she remitted from the UK (purchase price of Kshs 2.25 million). She sought a declaration of trust, specific performance (transfer of the property), a permanent injunction, damages for breach of contract and costs. The Defendant denied any trust, claiming the property was an absolute gift to him and that he contributed about half the purchase price. The court found his evidence on raising 50% of the price shaky and not forthright, concluding he made no contribution and that the property was bought with the Plaintiff's resources. Relying on Mbothu & 8 Others v Watimu & 11 others (1966) KLR 171, it held a trust would be implied to give effect to the parties' intention, finding the arrangement was not a gift. The claim was allowed: a declaration of trust, an order for transfer within 30 days with the Deputy Registrar to execute if the Defendant failed, and a permanent injunction. Damages for breach of contract were not included in the final orders. Costs were awarded to the Plaintiff.

Key legal issues

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01

Whether the property was purchased in trust for the Plaintiff

Holding

A resulting/implied trust was found in favour of the Plaintiff

Reasoning

The court found the Plaintiff provided the purchase price and that the Defendant signed the sale agreement in trust for her. It rejected the defence that the funds were a gift, holding the Plaintiff's intention was for the Defendant to purchase on her behalf and hold the property in trust.

p. 2
02

Whether the Defendant contributed to the purchase price

Holding

The court found the Defendant made no contribution

Reasoning

DW1's evidence on how he raised the alleged 50% was found shaky and not forthright, leading the court to conclude the Defendant did not contribute at all and that the property was purchased by the Plaintiff's resources.

p. 2

Legal principles established

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  • A trust may be implied to give effect to the intention of the parties even where the registered owner signed the sale agreement in his own name

Court orders

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  1. 1.A declaration that the Defendant purchased the suit property and signed the sale agreement in trust for the Plaintiff
  2. 2.The Defendant to transfer Nairobi/Block 140/86/26 Nyayo Embakasi to Jerusha Njambi Karungu within 30 days, failing which the Deputy Registrar of the Environment and Land Court to execute the transfer documents
  3. 3.A permanent injunction barring the Defendant from occupying, utilising, or dealing with Nairobi/Block 140/86/26 Nyayo Embakasi
  4. 4.The Defendant to bear the costs of the suit

Authorities

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Cases cited (1)

  • Mbothu & 8 Others v Watimu & 11 others
    (1966) KLR 171
Jurisdiction invoked
Environment and Land Court jurisdiction (original suit by plaint)

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, "Jerusha Nnjambi Karungu v Andrew Martin Karungu Chege [2019] KEELC 4301 (KLR)", Case Analysis (2019). ELC Case No 208 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4301/eng@2019-02-25

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