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NAHASHON KARENGE & ANOTHER
V.
LAWRENCE KARENGE

(2014) JELR 104474 (CA)

Court of Appeal 18 Jun 2014 Kenya
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- The dispute involved a son (respondent) claiming entitlement to family land registered to his father (1st appellant), who subdivided the land, giving some plots to children but selling one (Plot No. Kagaari/Kanja/6391) to the 2nd appellan

Case Details

Suit Number:Civil Appeal 222 of 2010
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Nahashon Karenge & another v. Lawrence Karenge [2014] eKLR

JUDGMENT OF THE COURT

There is no vested right to inheritance during the lifetime of parents. Let it be known that during the lifetime of their parents, and subject to beneficial and occupation rights, a child cannot force parents to sub-divide and distribute their land or assets unless the said land or assets were acquired and held in trust prior to the parents acquisition of title to the same.

The dispute in this case is a claim for land by a son (the respondent) against his father (1st appellant). The 1st appellant died after this appeal was filed and his appeal was abandoned. The appeal is now between the 2nd appellant and the respondent.

The original suit property is Land Reference No. Kagaari/Kanja/1368. At all material times, the suit property was registered in the name of the 1st appellant. The 1st appellant during his lifetime sub-divided the property into six plots and gave to his children but retained two plots one of which he sold to the 2nd appellant. Plot No. Kagaari/Kanja/…

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