JUDGMENT OF THE COURT
By a plaint dated the 22nd day of September, 2011, the respondent Karimi Kabuthi sued the appellant Mwai Kabuthi vide Kerugoya HCCC No.393 of 2013 seeking a declaration that the appellant held Land Parcel No.Mutira/Kaguyu/145 (the suit property) in trust for himself and the respondent; determination of trust in the suit property and the Land Parcel No. Mutira/Kaguyu/145 to be divided into two equal portions and registered in the names of the Respondent and the appellant; a permanent injunction against the appellant restraining him through himself, his agents and/or in any other way interfering with the respondent’s possession of Land parcel No. Mutira/Kaguyu/145; costs and interest at court rates.
The appellant resisted the respondent’s claim vide a defence dated the 3rd day of June, 2013 in which he denied the respondent’s allegation that he had been registered as a proprietor of the suit property in trust for himself and the other siblings; that his late father w…