Republic v Kajiado North Land Dispute Tribunal; Sangaire (Interested Party); Parantoi (Exparte) (Environment & Land Miscellaneous Case 27 of 2018) [2024] KEELC 6973 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether there is an error apparent on the face of the record in the judgment of 27th July 2023
No error apparent was identified; the record (survey report of 25th May 2022) shows the Interested Party was present at the site visit
The court examined the survey report adopted in the judgment, which listed Kili Ole Sankaire among fifteen attendees, identified by his identity card number. His denial of attendance was therefore contradicted by the record. Following Mativo J and National Bank of Kenya v Ndungu Njau, an error for review must be self-evident; none was pointed out.
Whether grounds of new and important matter or sufficient reason, raised only in submissions, could be considered
No - the Notice of Motion raised only the error-apparent ground; new grounds in submissions could not be entertained
The court held that the only ground in the Notice of Motion was the error on the face of the judgment, and the Interested Party's submissions on the other two grounds were misguided and could not be considered by the court.
Whether a fresh, independent survey should be ordered
Refused; the applicant participated in the original survey and a repeat survey would abuse process
The court found the averments in the supporting affidavit were complaints about previous advocates and dissatisfaction with the outcome, not proof that the report was prepared in secrecy. The applicant was listed as present at the site visit, so repeating the process would merely delay execution.
Legal principles established
#- An error apparent on the face of the record must be prima facie visible and not require detailed examination or elaborate argument
- Review may be granted only to correct an apparent error or omission on the part of the court; it is not a vehicle to relitigate a different view of the matter
Court orders
#- 1.The Notice of Motion dated 19th December 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (Cap 21) and Order 45 rules 1 and 2, Order 51 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Kajiado North Land Dispute Tribunal; Sangaire (Interested Party); Parantoi (Exparte) (Environment & Land Miscellaneous Case 27 of 2018) [2024] KEELC 6973 (KLR)", Case Analysis (2024). Not stated in the judgment beyond the parties' designations. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6973/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.