JUDGMENT OF THE COURT
[1] The appeal before us principally turns on the issue of whether there was an implied trust, more specifically, a resulting trust in favour of the respondent over parcels described as Bura/Nyolo/886 and Bura/Nyolo/887 (suit parcels), registered in the appellant’s favour. Times without number, this Court has outlined the circumstances under which a Court would be prepared to imply a trust. One such case is Peter Ndungu Njenga v. Sophia Watiri Ndungu [2000] eKLR wherein the Court succinctly observed:
“The concept of trust is not new. In case of absolute necessity, but only in case of absolute necessity, the court may presume a trust. But such presumption is not to be arrived at easily. The courts will not imply a trust save in order to give effect to the intention of the parties. The intention of the parities to create a trust must be clearly determined before a trust is implied.” Emphasis added.
[2] With the foregoing in mind a synopsis of the relevant facts will p…