Kenya Case Law

Mwinyi v Bhai & another

Mwinyi v Bhai & another [2025] KECA 1309 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E023 of 2023

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the appellant, having purchased only a house without land, had no right to demolish and reconstruct a new structure on the respondents' land without their consent. The concept of 'house without land' does not confer proprietary rights over the land itself, and any alteration or reconstruction requires the landowner's approval. The appellant's actions in demolishing the original house and constructing a new one without consent constituted trespass. The court further found that the tort of trespass was a continuing injury, so the suit was not time-barred despite th…

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• House Without Land
• Trespass To Land
• Mesne Profits
• Adverse Possession
• Limitation Of Actions
• Damages For Trespass

Abed v Ali

Abed v Ali [2025] KECA 1323 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E140 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

Court of Appeal dismissed an appeal over a “house without land” dispute, holding the deceased’s interest formed part of his estate and the appellant got no valid title.

• Succession Of Estates
• House Without Land
• Locus Standi
• Bona Fide Purchaser
• Tenancy Termination
• Title Transfer

Dena & another (Suing on behalf of 111 Members of the Mtwapa Land Tenants Associations) v Kalume & 6 others

Dena & another (Suing on behalf of 111 Members of the Mtwapa Land Tenants Associations) v Kalume & 6 others [2025] KEELC 5240 (KLR)

Court

Environment and Land Court

Case number

Civil Suit 299 of 2013

Judge

LL Naikuni

The court found that the Plaintiffs failed to produce any valid, enforceable written agreements for the disposition of an interest in land as required by Section 3(3) of the Law of Contract Act and Section 38 of the Land Act. Oral or informal arrangements, even if common in the coastal region, do not meet the statutory requirements for enforceability. The Plaintiffs' reliance on the 'house without land' concept was insufficient to confer proprietary rights over the land, especially as they had ceased paying rent and could not prove continued lawful occupation or entitlement. The court held th…

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• Land Tenancy
• Title Rectification
• Fraud In Land Transactions
• House Without Land
• Adverse Possession
• Costs Award

Sidi & another v Mwero & another

Sidi & another v Mwero & another [2025] KEELC 4831 (KLR)

Court

Environment and Land Court

Case number

Land Case 182 of 2020

Judge

LL Naikuni

The Environment and Land Court dismissed the Plaintiffs’ land claim and allowed the Defendants’ counterclaim, finding the Plaintiffs had not proved title.

• Ownership Disputes
• Bona Fide Purchaser
• House Without Land
• Mandatory Injunction
• Land Registration
• Boundary Disputes

Omar v Juma (Administrator of the Estate of the Late Khamis Juma)

Omar v Juma (Administrator of the Estate of the Late Khamis Juma) [2025] KEELC 4291 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 60 of 2022

Judge

LL Naikuni

The court found that the plaintiff proved, on a balance of probabilities, that he is the legal and absolute registered proprietor of Plot No. 4379/I/MN, as evidenced by the title deed and official search. The defendant failed to establish any proprietary interest in the land, as the 1976 sale agreement did not result in registration or issuance of a title deed, and thus conferred no legal title. The court accepted the plaintiff's evidence that the defendant's late father was a ground rent-paying tenant under the 'house without land' arrangement, and that the defendant's claim to ownership was…

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• Title Registration
• House Without Land
• Mesne Profits
• Injunctions
• Eviction
• Fraudulent Misrepresentation

Lassie (Suing on Behalf of the Estate of Lassie Bin Abdulla - Deceased) v Mombasa & 3 others

Lassie (Suing on Behalf of the Estate of Lassie Bin Abdulla - Deceased) v Mombasa & 3 others [2025] KECA 870 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E045 of 2022

Judges

KI Laibuta, SG Kairu, GWN Macharia

The Court of Appeal dismissed a family land appeal over Mombasa/Block XVI/5X9, holding the appellant failed to prove contribution, fraud, or locus standi.

• Ownership Disputes
• Succession And Administration
• Fraudulent Transfer
• House Without Land
• Burden Of Proof
• House-without-land

Nyumu v Said & another

Nyumu v Said & another [2025] KECA 929 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E007 of 2022

Judges

KI Laibuta, LA Achode, GWN Macharia

The Court of Appeal held that a power of attorney limited to collecting rent and suing did not authorize sale of a house without land, and dismissed the appeal.

• House Without Land
• Powers Of Attorney
• Joint Ownership
• Customary Land Rights
• Power-of-attorney
• House-without-land

Badri v Mbarak

Badri v Mbarak [2025] KEELC 1491 (KLR)

Court

Environment and Land Court

Case number

Land Case 242 of 2020

Judge

LL Naikuni

The Environment and Land Court dismissed a dispute over a coastal ‘house without land’, holding the defendant had lawfully acquired and rebuilt the structure.

• House Without Land
• Succession And Trusts
• Coastal Land Tenure
• Intermeddling With Estate
• Injunctive Relief
• Locus Standi

Sheikh v Ahmed

Sheikh v Ahmed [2025] KEELC 339 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E030 of 2024

Judge

SM Kibunja

The appeal is dismissed because the appellant failed to prove that the respondent breached the terms of the agreement regarding the house without land, specifically regarding the demolition and erection of a permanent structure and the payment of ground rent. The trial court's findings on the facts and law were not found to be erroneous.

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• House Without Land
• Leasehold Disputes
• Eviction Proceedings
• Notice To Vacate
• Ground Rent Arrears

Kanyana v Ndunyu & 2 others

Kanyana v Ndunyu & 2 others [2024] KEELC 6715 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 182 of 2018

Judge

LL Naikuni

The court dismissed a claim to a coastal house without land, finding the plaintiff failed to prove ownership of Plot No. 281/I/MN and rejecting the transfer relied on.

• House Without Land
• Ownership Disputes
• Succession And Administration
• Transfer Of Property
• Burden Of Proof
• Injunctive Relief