Bridget Elsie Davies v National Land Commission, Ministry of Transport, Infrastructure, Housing and Urban Development, Kenya Railways Corporation, China Road & Bridge Corporation Ltd & Attorney General (Environment & Land Case 18 of 2018) [2020] KEELC 2634 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the order of 3rd April 2019 (recording withdrawal of suit with no order as to costs) should be reviewed
The application fails; no error apparent on the face of the record was established
The court reviewed section 80 of the Civil Procedure Act and Order 45 rule 1(1), which permit review for discovery of new matter, error apparent on the face of the record, or sufficient reason, without unreasonable delay. The 3rd Defendant contended the suit had been withdrawn on 26th March 2019 yet orders issued on 3rd April 2019. The court found the Notice of Withdrawal was endorsed by the court on 3rd April 2019, so the order accurately reflected the withdrawal. Applying the high threshold for review, the Applicant did not establish the alleged error.
Whether the 3rd Defendant is entitled to costs of the withdrawn suit
No; the suit arose partly from the 3rd Defendant's failure to pay compensation on time
The suit concerned non-payment of compensation for compulsorily acquired land. Compensation was paid by the 1st Defendant in February 2019 during the pendency of the suit, leading to its withdrawal with no order as to costs. The court held the suit was justified when filed, and a party whose inaction occasioned the filing cannot claim costs emanating from that suit. Costs under section 27 of the Civil Procedure Act are discretionary.
Legal principles established
#- An application for review will only be allowed on very strong grounds, particularly if its effect would be to reopen the case afresh
- An error apparent on the face of the record must stare one in the face with no possibility of two opinions; an error requiring lengthy reasoning or on which two views are possible is not a ground for review
Court orders
#- 1.The application dated the 12th June, 2019 is unmerited and is disallowed
- 2.No order as to costs
- Jurisdiction invoked
- Sections 3 & 3A of the Civil Procedure Act and Order 45 Rules 1 & 2 of the Civil Procedure Rules
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.
- Watamu Hospital Limited v ATC Kenya Operations Limited; National Environment Management Authority (Interested Party)[2023] KEELC 21603 (KLR)14 Nov 2023
Cite this brief
#Cite this brief
Caselaw, "Bridget Elsie Davies v National Land Commission, Ministry of Transport, Infrastructure, Housing and Urban Development, Kenya Railways Corporation, China Road & Bridge Corporation Ltd & Attorney General (Environment & Land Case 18 of 2018) [2020] KEELC 2634 (KLR)", Case Analysis (2020). Kajiado Civil Misc. Application (Notice of Motion dated 12th June 2019, arising from suit re: land parcel Kajiado/Olooloitikoshi/Kitengela/2694). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2634/eng@2020-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.