Kimani & 7 others v Kimani; Chairman, Kabete Land Board & another (Interested Parties) [2023] KEELC 22219 (KLR)

Kimani & 7 others v Kimani; Chairman, Kabete Land Board & another (Interested Parties) (Environment and Land Miscellaneous Application 8 of 2023) [2023] KEELC 22219 (KLR) (6 December 2023) (Judgment)

Neutral citation: [2023] KEELC 22219 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment and Land Miscellaneous Application 8 of 2023

BM Eboso, J

December 6, 2023

Between

Jayne Gathoni Kimani

1st Applicant

Wilfred Muramati Kimani

2nd Applicant

Grace Gathoni Kimani

3rd Applicant

Kihara Kimani

4th Applicant

Libin Kimani Njengwa

5th Applicant

Monicah Wambui Kimani

6th Applicant

Eunice Njoki Njenga

7th Applicant

Edward Kimani

8th Applicant

and

Virginia Wanjiku Kimani

Respondent

and

Chairman, Kabete Land Board

Interested Party

Land Registrar, Kiambu

Interested Party

Judgment

1. Through the amended originating summons dated 26/7/2023 and amended on 19/10/2023, the applicants seek an order terminating the trust relating to the registration of the respondent as proprietor of Kabete/Kanyariri/3761. They want the land disposed and each beneficiary given their respective shares of the sale proceeds upon breaking the trust.

2. The trustee [respondent] has attended court today. She has identified herself through ID Card Number [particulars withheld]. She is in agreement that the trust should be ended as prayed.

3. In the circumstances, the amended originating summons dated 19/10/2023 is allowed in terms of prayers 1, 2, and 3.

4. There shall be no order as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 6TH DAY OF DECEMBER 2023B M EBOSOJUDGEIn the presence of:Mr James Wang’ang’a Advocate for the Plaintiff/ApplicantVirginia Kimani – Respondent - Present in person and having presented ID Card Number [particulars withheld]Court Assistant: Dominic Waweru