JOEL MBATARU KANYOKO V. LUCY WAMBUI MBATARU & LARRY GREGORY KISWILI NGUTTER

JUDGMENT OF THE COURT

The appellant herein, Joel Mbataru Kanyoko (Joel) has been pursuing the ownership of LR No. 209/7383/205 situate in Kimathi estate, Nairobi (kimathi plot) for the last 28 years. Much of that time was spent before the High Court which, for reasons that are said to have been 'beyond the court's control', did not conclude the matter until 11^th February, 2011 when the Judgment now under challenge was delivered by Aganyanya, J.

At the time of filing the suit on 20^th February, 1990, the kimathi plot was registered in the name of the 1^st respondent, Lucy Wambui Mbataru (Lucy), who was at the time his wife. How she became so registered is for later. Joel filed the suit because he had fallen out with Lucy and she was about to dispose of the plot which she had advertised for sale in October 1989. He proceeded to register a caveat on 9^th November, 1989 to protect his interest and then filed the suit seeking a declaration that Lucy held it in trust for both of them. He also ap…