Mramba & 45 others v St Elizabeth Academy - Karen Limited & 2 others (Enviromental and Land Originating Summons 67 of 2020) [2024] KEELC 5728 (KLR)
The bottom line
#The Environment and Land Court in Mombasa dismissed an attempt to reopen its earlier orders, confirming that Kenyan courts only review decisions on narrow, strictly defined grounds.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte order of 31st May 2023 should be reviewed and set aside
The application failed: no new and important matter, no error apparent on the face of the record, and no sufficient reason analogous to the statutory grounds was demonstrated; the sub judice question was already settled in the ruling of 2nd March 2022.
The court reviewed Section 80 of the Civil Procedure Act and Order 45 Rule 1, and the authorities limiting review to three grounds. It held the application could not satisfy the discovery-of-new-matter ground nor the 'any other sufficient reason' ground, which must be analogous to the specified grounds. The effect of allowing it would render another suit sub judice, and the site visit showed the two suits concerned different parcels. The sub judice issue had already been disposed of in the ruling of 2nd March 2022.
Whether the court could set aside the ex parte orders for withdrawal of ELC No. 24 of 2018
The prayer failed as premature; the issues surrounding the withdrawal should be interrogated at full trial.
The court discussed Order 25 on withdrawal of suits and accepted that the plaintiffs said they were not parties to ELC No. 24 of 2018. It held it could not examine documents from a matter not available before it, and that questions about the advocate's conduct in withdrawing the suit bordered on matters for trial where oral and documentary evidence could be examined.
Whether the Ruling of 28th July 2022 should be reinstated
Unmerited; the preliminary objection on sub judice had already been dismissed on 2nd March 2022, and parties to the other suit were not before or served with this application.
The court found no indication that ELC No. 24 of 2018 was sub judice, and the sub judice/res judicata objection had been dismissed in the 2nd March 2022 ruling. Determining issues in another suit where all parties were absent and not served would be prejudicial to them.
Costs of the application
Costs follow the event; the applicants were to pay the plaintiffs and the 2nd to 23rd defendants.
The court applied Section 27 of the Civil Procedure Act and the principle that costs follow the event unless the court for good reason orders otherwise, citing Mulla and Kuloba, and Morgan Air Cargo Ltd v Everest Enterprises Ltd on the discretionary nature of the award.
Legal principles established
#- Review under Section 80 and Order 45 Rule 1 is restricted to discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason, and must be made without unreasonable delay
- 'Any other sufficient reason' for review must be analogous to the grounds specified in Order 45 Rule 1
- Costs follow the event subject to the court's discretion under Section 27 of the Civil Procedure Act
Court orders
#- 1.The Notice of Motion application dated 13th March, 2024 be and is hereby found to lack merit and the same is dismissed entirely
- 2.Mention on 9th October, 2024 for Pre-Trial Conference under Order 11 of the Civil Procedure Rules, 2010, with hearing on 10th December, 2024
- 3.Costs of the Notice of Motion dated 13th March, 2024 borne by the 1st Defendant/Applicant and awarded to the Plaintiffs/Respondents and the 2nd to the 23rd Defendants/Respondents
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63 of the Civil Procedure Act, Cap. 21; Order 45 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Lelei v Bittok & another (Environment and Land Case 414 of 2012) [2025] KEELC 6569 (KLR)[2025] KEELC 6569 (KLR)29 Sept 2025applied
Cite this brief
#Cite this brief
Caselaw, "Mramba & 45 others v St Elizabeth Academy - Karen Limited & 2 others (Enviromental and Land Originating Summons 67 of 2020) [2024] KEELC 5728 (KLR)", Case Analysis (2024). ELC Case No. 67 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5728/eng@2024-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.