Kamau & another v Kiarie & 4 others (3rd, 4th and 5th Defendants sued as the Trustees of PCEA Thindigua Church); Chief Land Registrar, Nairobi & 6 others (Interested Parties) (Environment & Land Case 93 of 2015) [2023] KEELC 903 (KLR)
The bottom line
#The Environment and Land Court dismissed the applicants' bid to reverse eviction orders, confirming that parties seeking review must prove sufficient cause.
What this practically means
#Executive summary
#Key legal issues
#Whether the November 30, 2021 orders amounted to an eviction without hearing
The judgment itself did not order eviction; the subsequent eviction order was properly granted to give effect to the finding that the property belongs to the defendants' church
The court reviewed its own judgment and confirmed that no eviction order had been issued in it, but the judgment unequivocally found ownership in favour of PCEA Thindigua Church. The November 30, 2021 and February 3, 2022 orders merely enabled the defendants to enjoy the fruits of that judgment.
Whether the plaintiffs established sufficient reason for review
No; the plaintiffs did not show what material they would have adduced that would have led to a different outcome
Relying on Order 45 Rule 1 of the Civil Procedure Rules, 2010, the court restated the grounds for review (discovery of new and important matter, error apparent on the face of the record, or sufficient cause) and held that the burden lay on the applicants, which they failed to discharge.
Legal principles established
#- An applicant for review bears the onus of proving sufficient cause under Order 45 Rule 1, including showing the material that would have resulted in a different decision
- A successful party is entitled to enjoy the fruits of its judgment, supporting ancillary orders such as eviction
Court orders
#- 1.The Notice of Motion dated April 6, 2022 is dismissed
- 2.Costs of the application are awarded to the Defendants
- Jurisdiction invoked
- Order 45 Rule 1 of the Civil Procedure Rules, 2010 (review jurisdiction of the court that made the order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau & another v Kiarie & 4 others (3rd, 4th and 5th Defendants sued as the Trustees of PCEA Thindigua Church); Chief Land Registrar, Nairobi & 6 others (Interested Parties) (Environment & Land Case 93 of 2015) [2023] KEELC 903 (KLR)", Case Analysis (2023). Land Reference Number 76/364 (original number 76/364/32/343). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/903/eng@2023-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.