Republic v Land Disputes Tribunal-Kerugoya & 3 others; Njogu (Exparte) (Environment and Land Judicial Review Case 7 of 2012) [2022] KEELC 2181 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the orders of June 23, 2006 and July 3, 2013 contained an error apparent on the face of the record justifying review
No error apparent on the face of the record exists; the review application is misconceived and an afterthought
The court examined the original orders of Justice Emukule of June 23, 2006 (ordering subdivision and transfer per the sale agreement) and the ruling of Justice B.N. Olao of July 3, 2013 (ordering removal of cautions to give effect to those orders). The court found no mistake or error on the record and concluded the application was a ploy to deny the Respondent the fruits of valid orders and to defeat the ends of justice.
Delay in bringing the review application
The application, brought about 14 years after the 2006 order, is inordinate and an afterthought
The Respondent deposed that over 14 years had elapsed since the 2006 orders, related bills of costs had already been taxed in 2017, and related litigation (Kerugoya Civil Suit No. 246 of 2017) had been filed and defended long before the January 2020 application, showing the applicants were aware of all proceedings. The court agreed the application would only delay justice.
Legal principles established
#- An application for review under Order 45 requires discovery of new and important matter, an error apparent on the face of the record, or any other sufficient reason, and must be made without unreasonable delay
Court orders
#- 1.The Notice of Motion dated 20/01/2020 is dismissed with costs
- Jurisdiction invoked
- Order 45 Rule 1 of the Civil Procedure Rules (review of orders of the court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Disputes Tribunal-Kerugoya & 3 others; Njogu (Exparte) (Environment and Land Judicial Review Case 7 of 2012) [2022] KEELC 2181 (KLR)", Case Analysis (2022). Notice of Motion dated January 20, 2020 (ELC, Kerugoya). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2181/eng@2022-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.