PAULA WAHETI MUCHINA V. HENRY WANJOHI MUCHINA

RULING

About 13 years ago, Paula Waheti Muchina (Paula) sued her step brother Henry Wanjohi Muchina (Henry) before the High Court in Nakuru claiming that Henry held some family land in trust for her and seeking a declaration to that effect and subdivision of the land. It is common ground that the land which was in a settlement scheme in Nyandarua was originally allocated to their father in 1964 on terms that he paid some loan on it to the Settlement Fund Trustees. It is also common ground that their father left his ancestral land in Kangema, Muranga and settled on that land with his family. None of the parties know of any other land of their father. Paula never married but ended up with 6 children. Henry was the only son but had 6 sisters, most of whom were married. In 1975 however their father transferred the land to Henry and he became the registered owner.

He did nothing however to disturb the occupation and use of the land by Paula and her children. Indeed he has done nothing since …