Chemutai v Njoroge (Environment & Land Case E075 of 2021) [2022] KEELC 3960 (KLR)
The bottom line
#The Environment and Land Court in Nakuru dismissed a landowner's bid to revisit an earlier ruling, confirming review applications require genuinely new evidence or an obvious error.
What this practically means
#Executive summary
#Key legal issues
#Whether the February 24, 2022 ruling should be reviewed, varied or set aside
No. None of the grounds in Order 45 Rule 1(b) was established; the court's reference to the December 24, 2014 surveyor's report was only to show the suit was res judicata.
The court held the applicant placed no new and important evidence before it, and that no mistake or error apparent on the face of the record was demonstrated. The impugned ruling merely found the suit res judicata by reference to the earlier decision in Nakuru HCCC No 72 of 2007; it did not misapprehend the survey reports in a manner warranting review.
Whether the court was functus officio as contended by the Defendant
No. The court has statutory power to review its own orders.
The judge corrected the Respondent's position before addressing the merits, holding that section 80 of the Civil Procedure Act read with Order 45 Rule 1(b) empowers the court to review orders it has made in the specified circumstances, so functus officio did not apply.
Whether prayer (iv) for rectification of the Registry Index Map should issue
Declined, because the suit was res judicata and review grounds failed.
Having found the suit res judicata in the ruling of February 24, 2022, and having found the review grounds unmade, the court held it unnecessary and impermissible to grant substantive relief rectifying the RIM for the two parcels.
Legal principles established
#- A court retains power to review its own orders under the circumstances set out in Order 45(1)(b); functus officio does not bar a proper review application.
- Review lies only for discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason; an error must be self-evident and not require elaborate argument.
Court orders
#- 1.The application dated March 14, 2022 is dismissed with costs to the Defendant/Respondent.
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rule 1(b) of the Civil Procedure Rules (court's power to review its own orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chemutai v Njoroge (Environment & Land Case E075 of 2021) [2022] KEELC 3960 (KLR)", Case Analysis (2022). (not stated in judgment; Notice of Motion dated March 14, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3960/eng@2022-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.