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ELCPartially AllowedCivil Suit No E023 of 2024· [2024] KEELC 7409 (KLR)

Sampadoria Investments Limited v National Water Harvesting & Storage Authority & 3 others (Civil Suit E023 of 2024) [2024] KEELC 7409 (KLR)

Environment and Land Court of Kenya
7 November 2024
9,572 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~38 min to read original · ~4 min brief

The bottom line

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A Mombasa court protected an investor's Mombasa land title for now, but refused to stop corruption investigations before a full trial.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Mombasa (Naikuni, J) on a Notice of Motion dated 25th March 2024 by Sampadoria Investments Limited, the registered proprietor of LR No. MN/I/10401 at Shanzu, Mombasa, granted under a 99-year lease following a 1997 allotment for which it paid Kshs 2,137,500 to the Government. The Plaintiff sought temporary and permanent injunctions restraining the Defendants, including the 5th Defendant (EACC), from revoking its title and from investigating and summoning it over the acquisition of the suit property, which the 1st Defendant (National Water Harvesting & Storage Authority) claims was fraudulently excised from its L-shaped Shanzu parcel reserved for Coastal Water Supply project staff houses. The 1st Defendant opposed the application as premature and an abuse of process, citing the pending ELC Case No. E023 of 2023 (EACC v Sampdoria Investment Limited & 6 others) over the same property. Framing three issues, the court applied the Giella v Cassman Brown principles as clarified in Nguruman: it found a prima facie case with probability of success on the Plaintiff's title deed, irreparable injury not compensable in damages, and the balance of convenience favouring preservation of the property pending trial. However, applying Kenya Breweries v Washington Okeyo and related authorities, it declined the permanent injunctive prayers (c) and (e) as premature, absent special circumstances, since competing claims required full trial interrogation. The application was allowed in part: a temporary injunction issued restraining revocation of the Plaintiff's title and interference with its ownership and use; costs were left in the cause; and the matter was set down for pre-trial conference on 2nd December 2024 and trial on 18th February 2025.

Key legal issues

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01

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

Holding

Yes - the Plaintiff produced a registered title deed while the 1st Defendant asserted competing ownership, and the Defendants' actions threatened alienation of the suit property

Reasoning

The court weighed the rival claims without making final findings: the Plaintiff held a title deed over LR MN/I/10401 and the 1st Defendant claimed the parcel was fraudulently hived off its L-shaped Shanzu parcel. On the material presented, the Plaintiff demonstrated an apparently infringed right calling for explanation or rebuttal, satisfying the prima facie case threshold in Giella and Mrao.

p. 13
02

Whether the Plaintiff would suffer irreparable injury not compensable by damages

Holding

Yes - the property is at risk of alienation and the Applicant's rights could not adequately be compensated in damages

Reasoning

Applying Pius Kipchirchir Kogo v Frank Kimeli Tenai, the court held that irreparable injury is one that cannot be adequately compensated in damages. The Plaintiff demonstrated through ownership documentation that its rights to the suit property were at risk, and the court found damages an inadequate remedy, satisfying the second Giella condition.

p. 13
03

Whether the balance of convenience favoured granting the injunction

Holding

Yes - there was a lower risk of injustice in granting the temporary injunction than in refusing it, pending full trial

Reasoning

The court, guided by Pius Kipchirchir Kogo, Paul Gitonga Wanjau and Amir Suleiman v Amboseli Resort, held that it had not interrogated all documents or the 1st Defendant's annexures, which would only be possible at trial, so preservation of the suit property was necessary and the balance of convenience tilted towards maintaining the status quo.

p. 14
04

Whether permanent injunction orders could issue at the interlocutory stage

Holding

No - permanent injunctions are granted only after full hearing; special circumstances justifying interlocutory grant were absent

Reasoning

Distinguishing prohibitory from mandatory/permanent injunctions per Shepherd Homes v Sandham and Locabail, and applying Kenya Breweries v Washington Okeyo and Joseph Kaloki v Nancy Atieno Ouma, the court held such relief requires special circumstances or a clear case. With competing claims requiring further interrogation, the court declined the permanent injunctive prayers as premature.

p. 17

Legal principles established

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  • The three Giella conditions for an interlocutory injunction must all be satisfied sequentially, without leap-frogging
  • A permanent (mandatory) injunction will not normally be granted on an interlocutory application absent special circumstances, a clear case, or an attempt by the Defendant to steal a march
  • On an interlocutory injunction application, the court makes no final findings of contested fact but weighs the relative strength of the parties' cases

Court orders

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  1. 1.The Notice of Motion application dated 25th March, 2024 be and is hereby found to have merit and is allowed as per the Court's discretion and for preservation of the suit property, save for prayers numbers (c) and (e) which seek mandatory permanent injunctive orders at the interlocutory stage
  2. 2.Pending hearing and determination of the suit, an order of temporary injunction issued restraining the Defendants, their officers, employees, assigns and agents from revoking the Plaintiff's title to LR No. MN/I/10401 situate at Shanzu in Mombasa County and from in any manner interfering with the Plaintiff's ownership and use of the said property
  3. 3.Mention on 2nd December, 2024 for a Pre-Trial conference pursuant to Order 11 of the Civil Procedure Rules, 2010, thereafter a full trial hearing fixed for 18th February, 2025
  4. 4.Costs of the application to be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 3, 3A and 27(1)
  • Civil Procedure Rules, 2010Order 40 Rules 1 and 2; Order 11
  • Constitution of Kenya, 2010Article 40
  • State Corporations ActChapter 446 (Legal Notice No. 270 of 24th June 1988)
  • Water Act, 2016Not specified
  • Halsbury's Laws of England (24)Page 248; Paragraph 948

Cases cited (20)

  • Giella v Cassman Brown & Co Ltd
    (1973) EA 358
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    [2014] eKLR
  • Kenya Commercial Finance Co. Limited v Afraha Education Society
    [2001] Vol. 1 EA 86
  • MRAO Limited v First American Bank of Kenya Ltd & 2 others
    (2003) KLR 125
  • Mbuthia v Jimba Credit Corporation Limited
    988 KLR 1
  • Edwin Kamau Muniu v Barclays Bank of Kenya Limited
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    (2018) eKLR
  • Paul Gitonga Wanjau v Gathuthis Tea Factor Company Ltd & 2 others
    (2016) eKLR
  • Amir Suleiman v Amboseli Resort Limited
    [2004] eKLR
  • Robert Mugo Wa Karanja v Ecobank (Kenya) Limited & Another
    [2019] eKLR
  • Shepard Homes v Sandham
    (1970) 3 WLR Pg. 356
  • Locabail International Finance Limited v Agro Export and others
    (1986) All ER 906
  • Malier Unissa Karim v Edward Oluoch Odumbe
    (2015) eKLR
  • Kenya Breweries Limited v Washington Okeyo
    (2002) EA 109
  • Joseph Kaloki t/a Royal Family Assembly v Nancy Atieno Ouma
  • Jay Super Power Cash and Carry Limited v Nairobi City Council and 20 others
    CA 111/2002
  • Sharifi Abdi Hassan v Nadhif Jama Adan
    [2006] eKLR
  • Harun Mutwiri v Nairobi City County Government
    [2018] eKLR
  • Kenya Union of Commercial, Food and Allied Workers v Bidco Africa Limited & Another
    [2015] eKLR
  • Hussein Muhumed Sirat v Attorney General & Another
    [2017] eKLR
Jurisdiction invoked
Sections 1A and 3A of the Civil Procedure Act (Cap. 21) and Order 40 Rules 1 and 2 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sampadoria Investments Limited v National Water Harvesting & Storage Authority & 3 others (Civil Suit E023 of 2024) [2024] KEELC 7409 (KLR)", Case Analysis (2024). Civil Suit No E023 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7409/eng@2024-11-07

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