Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedELCLC E210 OF 2025

Shah v Shah & another (Land Case E210 of 2025) [2026] KEELC 839 (KLR)

Environment and Land Court
16 February 2026
2,094 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 Kenyan court blocked an elderly woman's son and grandson from selling her Lower Kabete apartment until her ownership dispute is fully heard.

What this practically means

#

Executive summary

#
This was a ruling on a Notice of Motion dated 12th May 2025 in which Shah Motiben K.V, the Plaintiff/Applicant, sought temporary injunctions restraining the 1st and 2nd Defendants/Respondents (her son and grandson respectively) from selling, disposing of, transferring, charging, leasing or interfering with apartment No. D6 in Shaligram Apartment on NAIROBI/BLOCK5/26, Lower Kabete, pending hearing of the application and the main suit. The applicant deponed that she alone paid the purchase price under a sale agreement dated 10th September 2024, and that the respondents, exploiting her advanced age and trust, coerced and misrepresented her into including their names as co-purchasers. She further relied on Directorate of Criminal Investigations findings that her signature on some documents was a forgery. The respondents countered that the agreement was executed knowingly and voluntarily, that the 2nd respondent substantially contributed to the purchase price, that the application filed five months later was made in bad faith, and that they had never attempted to evict her. The respondents filed no submissions despite leave. Applying the Giella v Cassman Brown tests, the court (Mohammed N. Kullow, J) held that the sale agreement gave the applicant proprietary rights establishing a prima facie case with probability of success; that a sale to third parties and dispossession of an elderly woman would cause financial and mental harm damages could not compensate; and that the balance of convenience favoured the injunction, which would preserve the substratum of the suit without prejudice to the respondents. The court granted both temporary injunctions and ordered each party to bear their own costs. The main suit remains pending for trial.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Plaintiff/Applicant has satisfied the conditions for the grant of a temporary injunction pending the hearing and determination of this suit

Key legal issues

#
01

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

Holding

Yes - the sale agreement of 10th September 2024 gives the applicant proprietary rights over the suit property worth the court's protection, notwithstanding her allegations of fraud regarding the respondents' inclusion as co-purchasers

Reasoning

The court found the sale agreement contained the requisite elements of a good contract - parties, terms, execution and consideration. The applicant's status as purchaser was not controverted. The dispute centred on the inclusion of the respondents as co-purchasers, which she pleaded as fraudulent. Without making final findings, the court held that the agreement attaching to her gave her proprietary rights apparently infringed, satisfying the Mrao definition of a prima facie case.

p. 7
02

Whether the applicant would suffer irreparable harm not compensable by damages

Holding

Yes - disposal of the property to third parties, and dispossession of an elderly woman, would occasion financial and mental/health loss that damages cannot adequately compensate

Reasoning

The applicant deponed she had vacated the premises due to constant threats including intended sale. The respondents denied any intention to dispose of the property, calling the allegations speculative. The court preferred the view that a sale to third parties would occasion loss if she succeeded, and that loss to an elderly woman would be both financial and mental, affecting her health, which damages cannot meet.

p. 9
03

Where the balance of convenience lies

Holding

It tilts in favour of granting the injunction, which preserves the substratum of the suit and prejudices neither party

Reasoning

The court found the applicant likely to suffer more harm. The respondents themselves admitted the applicant was in quiet possession and that they had neither evicted her nor interfered with her occupancy. Granting the injunction protects the substratum of the suit pending final determination while causing no prejudice to the respondents.

p. 9

Legal principles established

#
  • A prima facie case in a civil application is a genuine and arguable case in which an apparently infringed right calls for an explanation or rebuttal from the opposite party
  • In interlocutory injunction applications the court does not make final findings on contested facts but weighs the relative strength of the parties' cases
  • An injury is irreparable where monetary compensation cannot measure it with reasonable accuracy or cannot be an adequate remedy

Court orders

#
  1. 1.Temporary injunction restraining the 1st and 2nd defendants/respondents, their servants, agents or assigns from selling, disposing of or transferring, charging, leasing or in any manner interfering with apartment No. D6 in Shaligram Apartment situate on NAIROBI/BLOCK5/26 in lower Kabete pending the hearing and determination of the Application
  2. 2.Temporary injunction restraining the 1st and 2nd defendants/respondents, their servants, agents or assigns from selling, disposing of or transferring, charging, leasing or in any manner interfering with apartment No. D6 in Shaligram Apartment situate on NAIROBI/BLOCK5/26 in lower Kabete pending the hearing and determination of the main suit
  3. 3.Each party to bear their own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court jurisdiction) - implied; the Court exercised first-instance civil jurisdiction over a dispute concerning land parcel NAIROBI/BLOCK5/26

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

THAT an order of temporary injunction is hereby issued restraining the 1st and 2nd defendants/respondents by themselves, their servants, agents or assigns from selling. Disposing of or transferring, charging, leasing or in any manner interfering with the apartment No. D6 in Shaligram Apartment situate on NAIROBI/BLOCK5/26 in lower Kabete pending the hearing and determination of the main suit
p. 10Final orders - temporary injunction pending determination of the main suit
3. Each party to bear their own costs.
p. 10Costs order
I find that the applicant has met the threshold for the orders of temporary injunction to be issued
p. 10Court's conclusion on the Giella tests
A prima facie case in a civil application includes but is not confined to a “genuine and arguable case.”
p. 8Definition of a prima facie case (Mrao Ltd)

Issues in the judgment

#
minor

The ruling is dated 16th February 2026 although the application was dated 12th May 2025 and respondents' submissions were due after leave granted on 11th December 2025, which is internally consistent but the header block reads 'R' suggesting a draft/ruling stamp; the citation of 'Mbuthia - Versus - Jimba credit Corporation Ltd 988 KLR 1' appears to omit the year prefix (likely 1988 KLR 1).

minor

The judgment inconsistently uses 'Plaintiff/Applicant' and 'defendants/respondents' role labels, and the date '11 th December 2025' for granting leave to file submissions out of time while the ruling was delivered 16th February 2026 - internally consistent but the long delay is unexplained.

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, "Shah v Shah & another (Land Case E210 of 2025) [2026] KEELC 839 (KLR)", Case Analysis (2026). ELCLC E210 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/839/eng@2026-02-16

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