HANNAH NJERI KOGI & LABAN MWANGI GICHAGA V. SAMUEL MUNYUA GICHAGA

RULING OF THE COURT

The 1^st applicant is the widow of Elijah Kogi Gichaga, who was the 1^st plaintiff in the suit from which the intended appeal arose. The late Elijah Kogi Gichaga, the 2^nd applicant and the respondent are brothers. It is the applicants’ case that land parcel No. 60- Ngorika (now Nyandarua/Ngorika/346 - the suit property) was purchased by their father in 1964 and settled his family including his two wives and their children.

After many years, the applicants learnt in 1988 that the respondent had transferred the suit property to himself and subsequently sold to Elijah Kogi Gichaga’s portion of the suit property measuring 8 acres to a third party. From that point on, the dispute has been taken through the Land Disputes Tribunal, High Court and even before the criminal court.

The applicants have insisted that the respondent holds the title to the suit property in trust for himself and for the applicants. They have demanded that the suit property be distributed and transferre…