Kamula v Muinde & another (Environment and Land Appeal 18 of 2019) [2022] KEELC 3378 (KLR)
The bottom line
#Kenya's Environment and Land Court corrected a land judgment after parcel numbers were renumbered, showing courts can review decisions when genuine new facts emerge after judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the letter of 25th February 2021 from the Sub County Adjudication and Settlement Officer constituted new and important matter justifying review
Yes; the change of parcel numbers from 128, 129 and 144 to 4164, 4168 and 4145 was discovered only after the judgment and could not have been produced with due diligence earlier
The court found that the judgment of 29 January 2021 declared the appellant exclusive owner of parcels 128, 129 and 144, but the Sub County Adjudication and Settlement Officer's letter of 25 February 2021 showed those parcels had been renumbered to 4164, 4168 and 4145 while still registered in the respondent's name. This information came to the applicant's knowledge only after judgment, preventing execution, and thus met the discovery-of-new-matter ground under Section 80 and Order 45 Rule 1.
Who bears the costs of the application
Each party to bear its own costs, despite the applicant's claim to costs
Counsel for the applicant submitted that costs should follow the applicant because he continued to incur costs due to the respondents' fraudulent actions, relying on Cecilia Karuru v Barclays Bank of Kenya. The respondents did not respond to the application. The court nonetheless exercised its discretion on costs and ordered each party to bear its own costs in the final orders.
Legal principles established
#- An applicant for review on the ground of discovery of new and important matter must strictly prove that allegation
- Review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 requires discovery of new and important matter not obtainable with due diligence, mistake or error apparent on the face of the record, any other sufficient reason, and application without unreasonable delay
Court orders
#- 1.That parcels numbers 128, 129 and 144 be and are hereby changed to parcels numbers 4164, 41678 and 4145
- 2.The name Wilfred Mukivu Muinde be deleted on the register and replaced with Fredrick Kamula
- 3.Each party to bear its own costs
- On appeal from
- Environment and Land Court (judgment under review by Hon. Justice Mbogo)
- Not stated
- Jurisdiction invoked
- Article 159(2) of the Constitution, Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamula v Muinde & another (Environment and Land Appeal 18 of 2019) [2022] KEELC 3378 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3378/eng@2022-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.