Gatiba & another v Wanjiru & another (Environment & Land Case 66 of 2020) [2024] KEELC 6148 (KLR)
The bottom line
#The Environment and Land Court refused to review its land judgment, confirming that arguments about wrong legal conclusions belong in an appeal, not a review application.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established grounds for review under Section 80 CPA and Order 45 Rule 1
No - no error apparent on the face of the record and no new evidence discovered after due diligence; the locus standi point was moot since the plaintiffs sued as family members, not legal representatives
Review lies on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason. The Applicants fully participated in the trial and showed no due diligence to obtain letters of administration. The plaintiffs expressly sued as members of the Kabage family, not as legal representatives of deceased estates, and the Applicants did not refute that averment. The alleged error was not self-evident.
Legal principles established
#- An erroneous view of evidence or law is a ground of appeal, not a ground for review
- An error apparent on the face of the record must be self-evident without lengthy reasoning
Court orders
#- 1.The firm of Kamuiru Muibu & Co. Advocates allowed to come on record after judgment
- 2.Prayer for stay of execution, review/setting aside of the judgment and dismissal of the suit refused
- 3.The Notice of Motion dated 18/10/2023 dismissed with costs payable by the Applicants
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rules 1 & 2 of the Civil Procedure Rules; Article 50 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gatiba & another v Wanjiru & another (Environment & Land Case 66 of 2020) [2024] KEELC 6148 (KLR)", Case Analysis (2024). Not stated in judgment (suit over Land Parcel Number Limuru/Ngecha/177). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6148/eng@2024-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.