NAHASHON KARENGE & JUSTUS THIRU ZAKAYO V. LAWRENCE KARENGE

JUDGMENT OF THE COURT

There is no vested right to inheritance during the lifetime of parents. Let it be known that during the lifetime of their parents, and subject to beneficial and occupation rights, a child cannot force parents to sub-divide and distribute their land or assets unless the said land or assets were acquired and held in trust prior to the parents acquisition of title to the same.

The dispute in this case is a claim for land by a son (the respondent) against his father (1^st appellant). The 1^st appellant died after this appeal was filed and his appeal was abandoned. The appeal is now between the 2^nd appellant and the respondent.

The original suit property is Land Reference No. Kagaari/Kanja/1368. At all material times, the suit property was registered in the name of the 1^st appellant. The 1^st appellant during his lifetime sub-divided the property into six plots and gave to his children but retained two plots one of which he sold to the 2^nd appellant. Plot No. Kagaari/Kanja/…