Chirchir (Also known as John Chirchir) v Bor (Enviromental and Land Originating Summons 13B of 2021) [2025] KEELC 560 (KLR)
The bottom line
#A Nakuru court dismissed a landowner's request to change a judgment, confirming review applications only succeed on strict legal grounds, not new wishes.
What this practically means
#Executive summary
#Key legal issues
#Whether the review application met the statutory grounds under Section 80 CPA and Order 45 CPR 2010
The applicant did not satisfy the standard for review, including strict proof of discovery of new and important matter or mistake/error apparent on the face of the record.
The court recited Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules 2010, noting that these provisions circumscribe the review jurisdiction and their conditions must be satisfied. Applying the Kithoi v Kioko standard, the applicant had to strictly prove the grounds for review. The plaintiff sought orders that would depart from and contradict the judgment and the pleadings, with no demonstration of new evidence or apparent error. The application therefore failed.
Whether a reviewing court may add orders for surrender/cancellation of a title document never pleaded or granted
No - a court on review cannot grant a contrary order to that issued in the judgment, nor orders not sought in the pleadings.
The court found that granting the orders sought would be a departure from the original judgment of 23 March 2023, which granted the plaintiff what he had prayed for - execution of conveyance documents, with the deputy registrar at liberty to sign on default. Since the plaintiff had received the relief sought, and surrender/cancellation of the original land certificate was never pleaded in the plaint or originating summons, the review court could not issue a contradictory order.
Legal principles established
#- A court on review cannot grant orders that contradict the orders in the original judgment or the pleadings; the grounds for review must be strictly proved.
Court orders
#- 1.The Notice of Motion dated 7 September 2024 seeking review is dismissed
- 2.Costs of the application awarded to the defendant
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules 2010 (review jurisdiction of the court that passed the decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chirchir (Also known as John Chirchir) v Bor (Enviromental and Land Originating Summons 13B of 2021) [2025] KEELC 560 (KLR)", Case Analysis (2025). Not stated in the judgment ( Nakuru Environment and Land Court matter arising from judgment of 23 March 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/560/eng@2025-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.