Prinsal Enterpises Limited v Kenya Electricity Transmission Company Limited [2019] KEELC 193 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Error apparent on the face of the record justifying review
No error apparent on the face of the record; the judgment of 19th April 2018 explained how the award of Kshs.13,475,000 was computed and the court could not substitute its own computation.
The applicant argued that the award implied compensation for the entire 11.24 acres yet only 23.21% (2.619 acres) was traversed by power lines. The court re-read the original judgment and found Judge Gitumbi expressly computed the award and intended to award Kshs.13,475,000. Since the judge gave an explanation for the figures, there was no accidental slip or arithmetic mistake capable of correction under Section 80 and Order 45.
Registration of an easement as consideration for compensation
The court directed the Land Registrar to register an easement against the title in consideration of the compensation awarded.
The applicant relied on sections 98 and 149 of the Land Act 2012 in its submissions to the petition, contradicting the petitioner's claim that easement registration was never sought. The court relied on those provisions and on Great Lakes Transport, holding that a prayer addressed in the body of submissions may be granted even if not in the formal orders sought.
Legal principles established
#- Once a land owner is compensated for a power line wayleave, an easement ought to be registered against the title
- A court sitting as a court of equity may award a prayer pleaded in the body of the pleadings even if not specifically sought in the orders
Court orders
#- 1.The Land Registrar is directed to register an easement against title number Juja/Komo Block 2/1670 in consideration of Kshs.13,475,000 as compensation
- 2.Review of the judgment of 19th April 2018 declining - the sum of Kshs.13,475,000 was not retracted or substituted
- 3.The respondent/applicant to bear costs of the application
- Jurisdiction invoked
- Article 159 of the Constitution of Kenya, 2010; Section 80 of the Civil Procedure Act; Order 45 Rules 1 and 2 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Prinsal Enterpises Limited v Kenya Electricity Transmission Company Limited [2019] KEELC 193 (KLR)", Case Analysis (2019). Notice of motion dated 23rd May 2018 in Petition (main suit) filed 6th March 2018 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/193/eng@2019-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.