Alnoor Hassam Ebrahim Kassam v Shahnaz Amin Amershi & Aleya Riyaz Tajdin Dhanji
The bottom line
#The Environment and Land Court refused to stop dealings in four Nairobi apartments, finding the buyer's money claim can be compensated in cash rather than by injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established a prima facie case
Yes - on the supporting affidavit and documents, without a mini-trial, a prima facie case was established
Applying Mrao Ltd v First American Bank, the court examined the supporting affidavit against the documents relied on, contestation over whether there were terms, and without going to the merits found the applicant had established a prima facie case warranting rebuttal.
Whether the plaintiff would suffer irreparable loss incapable of monetary compensation
No - the claim is quantifiable in monetary terms and the plaintiff is not in occupation
Applying Nguruman, the court held irreparable loss must be real, imminent and incapable of monetary compensation. The 2nd defendant characterised the claim as quantifiable; the plaintiff admitted non-occupation and had abandoned an earlier injunction application, so the burden was not discharged.
Balance of convenience
Favours the 2nd defendant, in whose favour the suit properties were confirmed in the succession cause except flat No. D9
The succession cause No. 1331 of 2016 judgment of 4.8.2023 confirmed the properties in favour of the 2nd defendant except flat D9. The plaintiff, a protestor there, had not appealed or sought prohibitory orders since 2023, so the status quo should prevail absent exceptional circumstances.
Legal principles established
#- A party seeking a temporary injunction must demonstrate a prima facie case
- Irreparable loss must be real, apparent, imminent and incapable of monetary compensation
- Lis pendens runs with the suit and a transaction with a third party pending suit may be set aside
Court orders
#- 1.The notice of motion dated 21.11.2025 is dismissed
- 2.No order as to costs
- 3.Parties to take directions on the manner of proceeding with the part-heard matter
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court) - not expressly stated in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alnoor Hassam Ebrahim Kassam v Shahnaz Amin Amershi & Aleya Riyaz Tajdin Dhanji", Case Analysis (2026). ELC Civil Suit No. 1019 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5794/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.