Salford Investment Limited v Nairobi City Water And Sewerage Co. Ltd [2021] KEELC 815 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case
A prima facie case was established; the Applicant had disclosed the fine of Ksh 100,000/-, which it alleged was paid under coercion, and the cause of the negative meter readings could not be conclusively determined at the interlocutory stage.
The Respondent alleged tampering based on negative meter readings and a liability form signed by the Applicant's advocate. However, the negative readings could equally have resulted from an erroneous reading of the meter. Further, the Respondent's claim of concealment failed because the Applicant had disclosed the fine and its coercive payment in the supporting affidavit and the plaint. Disputed facts require only a prima facie view, not conclusive findings.
Whether the Applicant would suffer irreparable loss not compensable by damages
Yes - the cumulative effect of lack of water on human life and tenants' health cannot be quantified in damages.
While the price of water is quantifiable through bills, the significance of water to life and to the tenants occupying the premises cannot be compensated by an award of costs. The court invoked the normative content of the right to water (UN General Comment 15 - availability, accessibility, quality) and found that health concerns arising from lack of water may not be compensated by costs.
Where the balance of convenience lies
In favour of the Applicant, given the importance of water and the presence of tenants who would also suffer.
Water is an important commodity that should be accessed by all. Beyond the Applicant, tenants on the premises would also suffer if water access were disrupted. The balance of convenience therefore tilts toward maintaining the water supply and sewer connection pending trial.
Legal principles established
#- An applicant for an interlocutory injunction must sequentially establish a prima facie case, irreparable injury, and that the balance of convenience lies in his favour.
- A prima facie case in civil matters is one where a right has apparently been infringed, calling for an explanation or rebuttal from the opposite party.
- At the interlocutory stage the court may adopt a prima facie view where facts are disputed and must not make conclusive findings of fact or law.
- The lack of water in human life is not compensable in damages; its loss may be irreparable.
Court orders
#- 1.The Applicant to continue paying the current water bill as and when it falls due.
- 2.The issue of the undisputed water bill of Ksh 451,400/- to be resolved during the trial of the suit.
- 3.A temporary injunction restraining the Respondent, its agents or servants from interfering with the connection of the borehole water meter in order to cut off the Applicant's water supply pending the hearing and determination of the suit or until further orders.
- 4.A temporary injunction restraining the Respondent, its agents or servants from interfering with the sewerage and sewer line of the Applicant unless otherwise lawfully provided under any other written statute pending the hearing and determination of the suit or until further orders.
- 5.Each party to bear its own costs of the application.
- Jurisdiction invoked
- Original civil jurisdiction; Civil Procedure Act (sections 1A(1) and 1A(2) invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Shreeji Enterprise (Kenya) Limited v Ranpura & 3 others (Environment and Land Case E088 of 2025) [2026] KEELC 666 (KLR)[2026] KEELC 666 (KLR)12 Feb 2026applied
- Okwaro (Suing as the Registered Proprietor and Manager of Boston High School and Boston Primary School) v Nairobi City Water & Sewerage Company Limited (Environment & Land Case E092 of 2025) [2025] KEELC 4314 (KLR)[2025] KEELC 4314 (KLR)10 Jun 2025followed
Cite this brief
#Cite this brief
Caselaw, "Salford Investment Limited v Nairobi City Water And Sewerage Co. Ltd [2021] KEELC 815 (KLR)", Case Analysis (2021). Not stated in the ruling beyond the application dated 29th September 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/815/eng@2021-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.