Lapana Limited v County Government of Trans-Nzoia (Environment and Land Case 8 of 2023) [2024] KEELC 881 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether failure to consider submissions not on record is an error apparent on the face of the record
It is not. Submissions are not evidence or pleadings; the court decided the contempt application on the merits based on the law and the affidavits, and no prejudice was occasioned.
The court held that submissions are merely parties' arguments, a 'marketing language', not evidence. Filing submissions is not compulsory, and a court may decide a matter on the pleadings and evidence alone. The Applicant never placed the submissions on the record despite paying for them, and could not show with particularity which part of the Ruling was flawed by their omission. The Court had perused the submissions from the email system and found nothing that would have changed the outcome.
Whether the finding on the evidence (that the County Secretary was in contempt) constituted sufficient reason for review
It did not; the Applicant was improperly inviting the court to sit on appeal over its own reasoned findings.
The court found that the Applicant wished it to revisit its assessment of the evidence, particularly the County Secretary's assertion that Moses Mtange was not an employee. The court had already considered that assertion in detail against the totality of the circumstances and arrived at a reasoned conclusion. A party aggrieved by such a finding must appeal, not seek review; counsel's further affidavit deposition amounted to an attempt to introduce new evidence and obtain a second bite at the cherry.
The character and status of written submissions in decision-making
Submissions are arguments, not evidence; their absence or non-consideration is not fatal and cannot ground a review.
Relying on multiple authorities, the court characterized submissions as 'marketing language' that merely crystallize a party's arguments. Courts are obligated to decide on the law and evidence - the merits - and numerous decisions are rendered without submissions. The court also noted the governing procedure: Order 51 Rule 16 and Rule 33 of the Mutunga Practice Directions (2013) on written submissions in interlocutory applications.
Legal principles established
#- Submissions are not evidence; a court is not bound to consider them and may decide a case on the merits without them
- A party seeking review must show how the alleged omission of its submissions affected specific findings; a mere desire to have the court reach a different conclusion is not an error apparent on the face of the record
- Documents served on opposing counsel but never filed cannot be relied upon as part of the court record
Court orders
#- 1.The Applicant's application dated 24/01/2024 is dismissed with costs to the Respondent
- 2.The matter is fixed for mention on 14/03/2024 when the County Secretary, County Government of Trans Nzoia, is required to attend court in person for purposes of mitigation and sentence as per the earlier orders of the Court
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, 2010 (review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lapana Limited v County Government of Trans-Nzoia (Environment and Land Case 8 of 2023) [2024] KEELC 881 (KLR)", Case Analysis (2024). ELC Case No. 8 of 2023 (Application dated 24/01/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/881/eng@2024-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.