JUDGMENT
In this appeal, the appellants, are aggrieved by the decision of the trial court that determined that a resulting trust was created over Plot No. 3792 (the subject plot) where the appellants, and in particular the 1st appellant, Henry Muli Munguti was found to be a trustee of the 2nd respondent, Dr. Klaus-Herbert Richter , in respect of the subject plot, funds, moveable and immovable assets registered in the names of the 1st appellant’s agents, spouses, servants and or appointees.
The facts surrounding the dispute are that sometime in 1991 whilst visiting Kenya, the 2nd respondent, a missionary envisioned;
a) Bringing together willing volunteers ready to help the deserving needy in the society;
b) Co-ordinating like-minded organizations in the area of poverty eradication, children's welfare and rehabilitation of drug addicts;
c) Introducing proposed projects to other donors to facilitate funding as well as technical assistance; and
d) Identifying areas in which he could exercise hi…