Peninah Ndege v Joseph Nyangau Bogonko & another [2019] KEELC 4423 (KLR)
The bottom line
#The Kajiado Environment and Land Court dismissed a landowner's bid to revisit a 2015 judgment, confirming that unexplained delay and already-filed appeals bar review.
What this practically means
#Executive summary
#Key legal issues
#Whether the judgment of 20th February 2015 should be reviewed on the ground that the presiding Judge was not gazetted as an Environment and Land Court Judge
Ground fails; the trial Judge was permitted under High Court Practice Directions to hear land matters, and Karisa Chengo does not apply retrospectively
The applicant relied on Karisa Chengo to argue the Judge lacked jurisdiction. The court noted that decision was delivered in October 2016, over a year after the judgment sought to be reviewed. Practice Directions then allowed the Judge to hear land matters, and the decision cannot operate retrospectively, especially as parties had already applied to execute the decree.
Whether there was delay and absence of grounds for review
Application unmerited due to inordinate unexplained delay and lack of new material
The judgment was delivered in February 2015 but review was only sought years later with no explanation. No new and important matter, evidence, or error apparent on the face of the record was demonstrated to meet the thresholds in Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules.
Legal principles established
#- Review requires discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, applied for without unreasonable delay
- Where a party has lodged an appeal, the remedy lies in appeal rather than review
Court orders
#- 1.The Notice of Motion application dated 22nd November, 2016 is dismissed with costs
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 40 rules 1 & 2 and Order 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peninah Ndege v Joseph Nyangau Bogonko & another [2019] KEELC 4423 (KLR)", Case Analysis (2019). Not stated (Notice of Motion dated 22nd November, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4423/eng@2019-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.