Maiyo (Legal Representative of the Estate of Chirchir, - Deceased) v Headteacher, Yatianne Primary School & 2 others (Environment and Land Case 74 of 2022) [2025] KEELC 5795 (KLR)
The bottom line
#The court dismissed a family's claim to school land in Elgeyo Marakwet, ruling the land was sold or exchanged decades ago and is held in trust for the school.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff proved on a balance of probabilities that his grandfather donated ¼ acre to the Nursery School
No - the evidence showed a sale, not a donation: the grandfather agreed to sell at Kshs.500/- per acre, was paid Kshs.500/-, and gave only ¼ acre
The minutes produced by the defendants showed a committee agreement to buy the plot at Kshs.500/- and payment to the grandfather, who signed for the money. Even the plaintiff conceded in cross-examination that the grandfather sold rather than donated the land. The pleaded donation of 0.4 acres in 1969 was unsupported by any document.
Whether the grandfather gave 1 acre to the Primary School and was compensated with land at Kaptagat
Yes - despite absence of executed documents, the totality of the evidence established the gift of 1 acre and compensation with 5 acres at Kaptagat, creating a trust in favour of the school
School minutes showed that land was allocated by the Settlement Trustee Fund in the names of those who donated land for the school. The court accepted that the grandfather held 2 acres of the suit property in trust for the 1st defendant, agreeing with the defendants' submissions on constructive trust under Section 28 of the Land Registration Act.
Whether lack of a written agreement under Section 3(3) of the Law of Contract Act vitiates the dealings
No - non-compliance with Section 3(3) would not vitiate the dealings in the circumstances of this case
The court aligned itself with the defendants' submissions that a constructive trust in land cannot be invalidated merely for want of a written agreement, relying on the authorities the defendants cited on constructive trusts as overriding interests under the Land Registration Act.
Legal principles established
#- A party may hold registered land in trust for another by operation of a constructive trust arising from long-standing dealings, notwithstanding non-compliance with Section 3(3) of the Law of Contract Act
Court orders
#- 1.Dismissal of the plaintiff's suit with costs to the defendants
- 2.Allowance of the defendants' counterclaim as prayed
- Jurisdiction invoked
- Not expressly stated; original civil jurisdiction over land dispute (plaint dated 3rd February, 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maiyo (Legal Representative of the Estate of Chirchir, - Deceased) v Headteacher, Yatianne Primary School & 2 others (Environment and Land Case 74 of 2022) [2025] KEELC 5795 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5795/eng@2025-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.