Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissed· [2022] KEELC 1263 (KLR)

Solomon Chepsat v Scion Healthcare Limited [2022] KEELC 1263 (KLR)

Environment and Land Court
24 February 2022
2,034 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

A Nairobi buyer lost his bid to stop development on disputed Imara Daima land because he lacked official title documents proving his ownership claim.

What this practically means

#

Executive summary

#
The Plaintiff, Solomon Chepsat, moved the court by Notice of Motion dated 17/08/2021 under Sections 3(2) of the High Court (Practice and Procedure) Rules, Section 3A of the Civil Procedure Act and Order 40 Rules 1, 2, 3(3) and 4 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, seeking a temporary injunction restraining the Defendant from excavating, constructing on, disposing of, alienating or otherwise dealing with LR No. 209/11026 in Imara Daima, plus police assistance in enforcement. The Plaintiff claimed he purchased the property in 2003 from Wilfred Musyoka Mina, an allottee of Imara Daima Self Help Group, and was dispossessed in July 2019 when the Defendant's director forcefully invaded the land. The Defendant countered that the Plaintiff's documents conveyed no recognizable interest, that he himself purchased the property in 2018 from William Wako Tari and Abdullahi Mohammed, held a title with an official search, reported the Plaintiff's allegedly fraudulent title to police, and had invested heavily in an approved development. Applying the Giella v Cassman Brown conditions and the Mrao definition of a prima facie case, the court found the Plaintiff's claim unsupported by any evidence of substance: his documents emanated from non-parties, no fraud was pleaded against the Defendant's title, no official search was produced, and continuous possession was not alleged. Irreparable loss was not demonstrated, and the balance of convenience favoured the Defendant given his possession and substantial investment. The application was dismissed with costs in the cause.

Key legal issues

#
01

Whether the Plaintiff established a prima facie case with a probability of success

Holding

No - the Plaintiff's claim rests on documents from parties not before the court and no official search; no fraud or continuous possession was pleaded

Reasoning

The Plaintiff's claim of ownership rests on a letter of allotment and sale agreement involving Wilfred Musyoka Mina and Imara Daima Self Help Group, neither of whom is a party to the suit. No official search was produced. The claim was attacked for neither pleading fraud against the Defendant's title nor alleging continuous and uninterrupted possession, while the Defendant holds a title, official search and has taken possession.

p. 2
02

Whether the Plaintiff would suffer irreparable harm not compensable by damages

Holding

No - any loss the Plaintiff might suffer is compensable by an award of damages

Reasoning

The Plaintiff did not demonstrate what loss he stood to suffer if the injunction was withheld, nor that such loss could not be compensated in damages. The court was of the view that any damage the Plaintiff might suffer if successful at trial could be met by an award of damages, so the second Giella condition failed.

p. 3
03

Where the balance of convenience lies

Holding

In favour of the Defendant, who purchased the plot, took possession and commenced substantial development

Reasoning

The Defendant demonstrated purchase of the suit plot, possession, commencement of development and substantial financial investment, including payments for development plan approval and a contractor. This evidence of substantial investment was not rebutted by the Plaintiff, and on that basis the balance of convenience tilted towards the Defendant.

p. 3

Legal principles established

#
  • Conditions for grant of an interlocutory injunction: prima facie case with probability of success, irreparable injury not adequately compensable by damages, and balance of convenience if in doubt
  • Definition of a prima facie case in civil applications

Court orders

#
  1. 1.The Plaintiff's Notice of Motion dated 17/08/2021 seeking a temporary injunction is dismissed
  2. 2.Costs shall be in the cause

Authorities

#

Legislation

  • High Court (Practice and Procedure) RulesSection 3(2)
  • Civil Procedure Act (Cap 21)Section 3A
  • Civil Procedure Act (Cap 21)Sections 1A, 1B
  • Civil Procedure Rules 2010Order 40 Rules 1, 2, 3(3) and 4
  • Civil Procedure Rules 2010Order 51 Rule 1

Cases cited (7)

  • Giella versus Cassman Brown
    (1973) EA 358
  • Mrao versus First American Bank Of Kenya Limited & 2 Others
    (2003) KLR 125
  • Kibutiri…Vs…Kenya Shell
    Nairobi High Court Civil Case No.3398 of 1980 (1981) KLR
  • E.A Industries ..Vs.. Trufoods
    (1972) EA 420
  • Paul Wairuri Mwangi -vs- Njogu Macharia
    [2010] eKLR
  • Bharmal Kanji Shah -vs- Shah Depar Devji
    [1965] EA 91
  • Kisumu Market -vs- BP(K) Ltd
    [1990] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 40 Rules 1, 2, 3(3) and 4 and Order 51 Rule 1 of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Solomon Chepsat v Scion Healthcare Limited [2022] KEELC 1263 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1263/eng@2022-02-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.