Ataka (Suing as the Administrator and Personal Representative of the Estate of Margret Ayoti Ataka) v Bahati & another (All Sued as Administratrix and Personal Representatives of the Estate of Benedicto Bahati Makani – Deceased)
The bottom line
#A Kenyan court ruled that land bought and registered in one person's name can still belong to someone else if written documents show it was held in trust.
What this practically means
#Executive summary
#Key legal issues
#Whether a trust was created over Butsotso/Shikoti/1046 and its subdivisions
Benedicto Bahati Makani held Butsotso/Shikoti/1046 and its subdivisions 3673 and 3674 in trust for Margaret Ayoti Ataka
The memorandum of understanding dated July 19, 2004 and the contemporaneous sale agreement, both prepared by the same advocate, showed a tripartite transaction: Benedicto was to purchase the family home from Chibole and hold it until Margaret could transfer parcel 1805. The trust property, purpose and beneficiary were clearly identified, satisfying the tenets of an express trust. The defendants led no evidence of non-payment.
Whether the defendants' counterclaim for eviction should succeed
The counterclaim was not merited and was dismissed
Having found that the parcels were held in trust for Margaret Ayoti Ataka and that the plaintiff's family remained in occupation, the defendants could not establish lawful entitlement to evict the plaintiff. The court found the plaintiff had established his case and the counterclaim failed.
Legal principles established
#- The onus lies on a party relying on the existence of a trust to prove it through evidence; courts will not imply a trust save in case of absolute necessity
- Trusts are created either expressly by the parties or by operation of law; an express trust arises where the trust property, its purpose and beneficiaries have been clearly identified
Court orders
#- 1.The defendants' counterclaim is dismissed
- 2.A declaration that Benedicto Bahati Makani (deceased) held Land Parcel Numbers Butsotso/Shikoti/3673 and Butsotso/Shikoti/3674 in trust for Margaret Ayoti Ataka, her personal representatives and the administrators of her estate
- 3.A declaration that the defendants hold Land Parcel Number Butsotso/Shikoti/3673 and Land Parcel Number Butsotso/Shikoti/3674 in trust for Margaret Ayoti Ataka, her personal representatives and the administrators of her estate
- 4.The plaintiff as administrator of the estate of Margaret Ayoti Ataka to transfer Land Parcel Number Butsotso/Shikoti/1805 to the defendants within 45 days from the date of delivery of the judgment
- 5.The defendants to transfer Land Parcel Numbers Butsotso/Shikoti/3673 and Butsotso/Shikoti/3674 to the plaintiff within 45 days from the date of transfer of Land Parcel Number Butsotso/Shikoti/1805
- 6.In default of any party signing the necessary documents, the Deputy Registrar of the court is authorised to sign on his or her behalf
- 7.No order as to costs of the suit and the counterclaim
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to title and occupation of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ataka (Suing as the Administrator and Personal Representative of the Estate of Margret Ayoti Ataka) v Bahati & another (All Sued as Administratrix and Personal Representatives of the Estate of Benedicto Bahati Makani – Deceased)", Case Analysis (2022). Environment & Land Case 243 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14961/eng@2022-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.