Solomon Chepsat v Scion Healthcare Limited [2022] KEELC 1263 (KLR)
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
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success
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
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.
Whether the Plaintiff would suffer irreparable harm not compensable by damages
No - any loss the Plaintiff might suffer is compensable by an award of damages
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.
Where the balance of convenience lies
In favour of the Defendant, who purchased the plot, took possession and commenced substantial development
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.
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.The Plaintiff's Notice of Motion dated 17/08/2021 seeking a temporary injunction is dismissed
- 2.Costs shall be in the cause
- 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.
- Ethics and Anti-Corruption Commission v Maywood Limited & 2 others (Environment & Land Case E090 of 2024) [2025] KEELC 2858 (KLR)[2025] KEELC 2858 (KLR)26 Mar 2025applied
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.