NAHASHON KARENGE & JUSTUS THIRU ZAKAYO V. LAWRENCE KARENGE
(2014) JELR 104474 (CA)
Court of Appeal
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Civil Appeal 222 of 2010
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18 Jun 2014
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Kenya
Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>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.</p><p>The dispute in this case is a claim for land by a son (the respondent) against his father (1<sup>st</sup> appellant). The 1<sup>st</sup> appellant died after this appeal was filed and his appeal was abandoned. The appeal is now between the 2<sup>nd</sup> appellant and the respondent.</p><p>The original suit property is <em>Land Reference No. Kagaari/Kanja/1368</em>. At all material times, the suit property was registered in the name of the 1<sup>st</sup> appellant. The 1<sup>st</sup> 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<sup>nd</sup> appellant. <em>Plot No. Kagaari/Kanja/…</em></p>