Akola v Akola & another (Environment & Land Case 262 of 2016) [2025] KEELC 970 (KLR)
The bottom line
#A registered Nairobi landowner won back her Kayole plot because her relatives could not prove their late father had left it to them in trust.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff holds the suit property in trust for the beneficiaries of the late Moses Musi Akola's estate
No customary trust was established. The court found that if the deceased had purchased the plot, the long failure to transfer it into his name over 25 years, and his ownership of other registered land, pointed to a gift to the Plaintiff rather than a trust.
The court applied Section 24 of the Land Registration Act and the Supreme Court's elements of customary trust in Isack Kieba M'inanga. The defendants' evidence (diary entries from 1987 and photographs) only showed the deceased supervised construction, not that he purchased the plot. The deceased held other land in his own name and never sought transfer of the suit plot during his lifetime, so no trust was inferred. Trust must be proved with cogent evidence.
Whether the Defendants' possession and collection of rent is lawful
The Defendants' possession and dealings with the suit property constitute trespass; the Plaintiff, as registered proprietor, is entitled to quiet possession under Section 25 of the Land Registration Act.
It was not disputed that the property is registered in the Plaintiff's name and that the Defendants are in possession collecting rent. Having failed to prove a trust, the Defendants' occupation and rent collection had no legal justification. The court entered judgment for the Plaintiff with declarations, injunction, and orders to account for and refund rent.
Whether the Defendants have locus standi to claim on behalf of the deceased's estate
The counterclaim fails because the Defendants are not administrators of the estate; the Eldoret probate cause appointed two other persons as joint administrators, and no revocation was proved.
The Defendants relied on their father's estate but were not parties to the succession cause and were not the appointed administrators. Without letters of administration or proof of revocation of the existing appointment, they cannot seek a declaration that the property belongs to the estate.
Legal principles established
#- Registration of a person as proprietor of land vests absolute ownership in that person, and the title is indefeasible except on grounds of fraud, misrepresentation, or illegality, or where a trust is proved
- A customary trust is not imputed; it must be proved with cogent evidence, applying the elements set out by the Supreme Court in Isack Kieba M'inanga v Isaaya Theuri M'Lintari
- Persons who are not administrators of a deceased's estate have no locus standi to bring a claim on behalf of the estate
Court orders
#- 1.A declaration that the Plaintiff is the absolute sole and legal proprietor of property known as Plot No. A4-670 Kayole situate within the County of Nairobi
- 2.A permanent order of injunction restraining the Defendants, their agents, servants and anyone claiming through them from trespassing, erecting structures and/or dealing with the suit property
- 3.The Defendants are directed to stop collecting rent from the suit premises forthwith
- 4.The Defendants are directed to account for rental income collected from the suit property from the date of filing of the suit and to refund the same to the Plaintiff
- 5.Cost of the suit and interest at court rates from the date of judgment until payment in full
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over ownership, possession and trespass relating to land (Plot No. A4-670 Kayole), under the Land Registration Act and Evidence Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Akola v Akola & another (Environment & Land Case 262 of 2016) [2025] KEELC 970 (KLR)", Case Analysis (2025). Environment & Land Case 262 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/970/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.