Ndeti and Ndeti (Suing as the Administrators of the Estate of the Late Harrison Mulili Ndeti) & 4 others v Ndeti (Administrator of the Estate of the Late Peter Nzuki Ndeti - Deceased) & another (Environment & Land Case 1116 of 2015) [2025] KEELC 1129 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the listed properties were held in trust for the family
Yes - the properties as listed in the amended plaint, whether registered in individual names or otherwise, were held in trust for the benefit of the family
The court traced the acquisition history: five brothers formed a family business, registered the P. N. Ndeti & Bros partnership in 1955, later included Professor Kivuto Ndeti and Patrick Mutheke Ndeti, and at meetings of 18th March 1979 and 7th April 1979 agreed on and signed minutes listing 25 family/partnership assets including properties registered in individual names. The evidence showed the intention of the founding partners that properties be acquired jointly for the benefit of all family members, establishing a trust by operation of law under Sections 25, 26 and 28 of the Land Registration Act.
Whether the Plaintiffs are entitled to the reliefs sought
No - the suit was dismissed; dissolution of partnership is beyond the court's jurisdiction and injunctive, declaratory, accounting and sharing reliefs were refused due to unjoined third parties, unverifiable properties and impracticability of execution
Dissolution of a partnership is for the High Court under Sections 27, 44 and 45 of the Partnership Act. Of the over 130 listed properties, some had been sold to third parties not joined to the suit, 75 could not be authenticated by official searches, and others had non-existent records. Granting injunctions would condemn absent parties unheard, and orders incapable of execution cannot issue. The declaration of trust did not translate into enforceable reliefs on the pleaded prayers.
Costs
Each party to bear their own costs despite the general rule that costs follow the event
Although Section 27 of the Civil Procedure Act provides that costs follow the event, the court exercised discretion because the plaintiffs and defendants are all family members, treating it as a special circumstance justifying departure from the general rule.
Legal principles established
#- Trusts including customary trusts are overriding interests under Section 28 of the Land Registration Act and need not be noted on the register; a proprietor's title is defeasible on grounds of trust
- To prove a trust in land one need not be in actual physical possession and occupation of the land
- Trusts may be created expressly or by operation of law, including constructive trusts arising from the parties' intention
Court orders
#- 1.The Plaintiffs' suit is dismissed
- 2.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act over disputes concerning title to and interests in land, including trusts under the Land Registration Act; court held it lacks jurisdiction to dissolve a partnership under the Partnership Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndeti and Ndeti (Suing as the Administrators of the Estate of the Late Harrison Mulili Ndeti) & 4 others v Ndeti (Administrator of the Estate of the Late Peter Nzuki Ndeti - Deceased) & another (Environment & Land Case 1116 of 2015) [2025] KEELC 1129 (KLR)", Case Analysis (2025). Not stated in judgment (amended plaint dated 15th February 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1129/eng@2025-02-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.