Alvin Mbae & 2 others v Edwin Nyaga Mukatha & 2 others [2022] KEELC 1302 (KLR)
The bottom line
#The Environment and Land Court at Chuka refused to review its earlier land dispute orders, confirming that losing parties must appeal rather than seek review.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a mistake or error apparent on the face of the record in the orders of 02/12/2020, 03/03/2021 and 17/01/2022
No error apparent on the face of the record was established; the applicants were merely faulting the court's decisions, which is a ground of appeal, not review
The court applied Muyodi v ICDC and related authorities: an error apparent must be self-evident, manifest and clear without extraneous matter. The applicants' complaints - that the court was functus officio, executed an order rather than a decree, ignored a replying affidavit, and relied on deficient affidavits of service - required debate and reasoning, not self-evident errors. Dissatisfaction with a decision is a matter for appeal.
Whether sufficient cause existed to warrant review
No sufficient cause was shown; the orders sought were similar to those already dealt with after hearing all parties
The court noted it had heard all parties and made determinations on the applications. The applicants offered nothing new; a party cannot use review to obtain a second innings after losing through negligence or indifference. Any party aggrieved by the orders must pursue the appellate route.
Legal principles established
#- Review under Order 45 is available only for discovery of new and important matter, mistake or error apparent on the face of the record, or any other sufficient reason
- A court exercising review jurisdiction cannot sit on appeal over its own decision; errors allegedly made by the court are grounds of appeal, not review
- An error apparent on the face of the record must be self-evident and not require long debate or reasoning to detect
Court orders
#- 1.The application dated 1st February 2022 is dismissed with costs to the respondents
- Jurisdiction invoked
- Order 45 of the Civil Procedure Rules; Section 80 of the Civil Procedure Act; Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alvin Mbae & 2 others v Edwin Nyaga Mukatha & 2 others [2022] KEELC 1302 (KLR)", Case Analysis (2022). Notice of motion application dated 1st February 2022 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1302/eng@2022-02-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.