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ELCDismissedEnvironment & Land Case 381 of 2018· [2023] KEELC 17156 (KLR)

Minju v Nairobi County Government & 2 others

Environment and Land Court
27 April 2023
1,732 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused to review its earlier dismissal of a land ownership claim because the plaintiff brought no new evidence or valid reason.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (E. K. Wabwoto, J) on the plaintiff's application dated August 18, 2022 seeking review and/or setting aside of the court's order of April 28, 2022, by which his suit concerning land originally owned by Nota Muchiri had been dismissed. The plaintiff, claiming through assignments from Muchiri to Rafael Oluoch and then Mary Wanjiru, argued that the court had erred on the face of the record by treating non-registration of the assignments as indicative of non-transfer, when registration was the very object of the suit; he also invoked section 7 of the Limitation of Actions Act and asserted effective occupation for over 12 years. The 1st defendant (Nairobi County Government), through a replying affidavit of Sandra Kosgey, maintained that transfer of interest in land is recognised only upon registration and that the application sought a fresh hearing of evidence rather than review. The court framed a single issue: whether the plaintiff met the threshold for review under section 80 of the Civil Procedure Act and Order 45 rule 1(1) of the Civil Procedure Rules. Relying on Salama Mahmoud Saad v Kikas Investment Limited and Michael Mungai v Ford Kenya Elections & Nominations Board, the court held that the plaintiff had adduced no new evidence confirming the subsequent transfer to himself and no sufficient reason for review, noting that adverse possession had never been pleaded in the original suit. The application was dismissed with no orders as to costs.

Key legal issues

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Whether the plaintiff met the threshold for review of the April 28, 2022 judgment

Holding

The application failed; no new and important matter, no error apparent on the face of the record, and no sufficient reason was established

Reasoning

The court reiterated that the plaintiff had not argued adverse possession in the initial suit, so the court had restricted itself to registration of the assignment. The unregistered assignment remained unproven; no new evidence of transfer to the plaintiff was produced, and the grounds raised were matters for appeal, not review.

p. 4

Legal principles established

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  • Sufficient reason for review under Order 45 rule 1(1) can only be deduced from the facts and circumstances of the particular case, and convincing evidence must be placed before the court

Court orders

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  1. 1.The application dated August 18, 2022 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure Actsection 80
  • Civil Procedure RulesOrder 45 rule 1(1) and rule 3(2)
  • Limitation of Actions Actsection 7

Cases cited (3)

  • Salama Mahmoud Saad v Kikas Investment Limited & Anor
    [2014] eKLR

    Requirements of due diligence and discovery of new and important matter for review

  • Michael Mungai v Ford Kenya Elections & Nominations Board & others & 2 others
    [2013] eKLR

    Five-judge bench discussion of 'sufficient reason' ground for review

  • Ngororo v Ndutha & another
    [1994] KLR 402

    A non-party whose direct interest is affected by a judgment may apply for review

Jurisdiction invoked
Section 80 of the Civil Procedure Act (Cap 21) and Order 45 rule 1(1) of the Civil Procedure Rules - review jurisdiction

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Minju v Nairobi County Government & 2 others", Case Analysis (2023). Environment & Land Case 381 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17156/eng@2023-04-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.