Mwinyi v Bhai & another (Civil Appeal E023 of 2023) [2025] KECA 1309 (KLR) (18 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1309
- Citation
- [2025] KECA 1309 (KLR)
- Decided
- 18 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Environment and Land Court of Kenya at MombasaCoramGW NGENYE-MACHARIA, Lord Maule, Nyarangi, O. Kiage, Ouko, Yano
Holding
The appeal is partially successful, with the award of mesne profits set aside. The respondents are entitled to damages.
Facts
The respondents claim that the appellant purchased a house without land on their plot, which was later used for construction. The respondents allege wrongful entry, trespass, and failure to vacate the plot, leading to a claim for mesne profits and damages.
Issues
- Validity of the appellant's purchase of the house without land
- Responsibility for the construction on the respondents' plot
- Award of mesne profits and damages
Reasoning
The court held that the appellant's actions constituted trespass and awarded damages for trespass, but not mesne profits as the respondents did not prove they suffered damages.
Outcome
The appeal is partially successful, with the award of mesne profits set aside.
Orders
- Delivery of the suit plot in vacant possession by the appellant to the respondents
- An injunction to restrain the appellant from continuing construction on the suit plot
- A mandatory injunction to demolish and remove all structures erected on the suit plot
Remedies
- Damages
Authorities cited
Cases cited (1)
- Kenya Power & Lighting Company Ltd vs. Ringera & 2 others (Civil Appeal E247 & E248 of 2020 (Consolidated)) [2022] KECA 104 (KLR) (4 February 2022)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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