Rural Housing Estate v National Land Commission & 2 others [2019] KEELC 13 (KLR)
The bottom line
#A Kenyan court threw out a land judgment because the affected landowner was never given a chance to be heard.
What this practically means
#Executive summary
#Key legal issues
#Whether non-joinder and non-participation of an affected party constitutes sufficient reason for review
That the applicant was affected by the judgment yet was never heard is a sufficient reason to review and set aside the judgment and order a hearing de novo.
The court reasoned that the suit was fundamentally a dispute over ownership of L.R. 772/4/2, that the applicant held titles to the land that had not been shown to be cancelled, and that allegations of fraud in obtaining those titles could not be determined without hearing the applicant. Since the applicant was severally mentioned in the pleadings and the judgment acknowledged a transfer to it, natural justice required that it be enjoined and heard.
Whether the application was brought without undue delay
The application was made expeditiously, within 14 days of the applicant becoming aware of the judgment.
Order 45 requires an application for review to be made without unreasonable delay. The court found that the applicant only became aware of the judgment on 20 November 2017 and filed the application on 4 December 2017, a period of about 14 days, which the court characterized as expeditious and thus satisfying the delay requirement.
Legal principles established
#- The right to be heard is cardinal, and a decision made against an affected person who was not heard is sufficient reason to warrant review.
- A person with an interest in disputed land has a right to be heard before ownership is determined.
Court orders
#- 1.The application for review dated 30/11/2017 is allowed
- 2.The proceedings herein and the judgment delivered on 23/10/2017 are set aside
- 3.The matter is to start de novo
- 4.Costs to the applicant
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (Cap 21) and Order 45 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rural Housing Estate v National Land Commission & 2 others [2019] KEELC 13 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/13/eng@2019-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.