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ELCAllowedELC MRG NO. 38 of 2019 (3R)· [2025] KEELC 1296 (KLR)

Kahiga (Suing in her capacity as a personal representative of the Estate of Meri Njatha Alias Alexander Kagiri Meri) v Kimani & 16 others (Environment & Land Case 38 of 2019) [2025] KEELC 1296 (KLR)

Environment and Land Court
18 March 2025
MGM.N. Gicheru
534 words in judgment
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The bottom line

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A Kenyan court corrected its own 2023 land judgment that omitted the actual indemnity amounts, awarding nine buyers damages totaling over Kshs 23 million.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Murang'a (M.N. Gicheru J) on a notice of motion dated 12-6-2024 by the 5th to 15th Defendants, brought under sections 1A, 3A and 80 of the Civil Procedure Act and Orders 9 rule 9, 45 and 51 of the Civil Procedure Rules. The Applicants sought leave for the firm of M/s Ngari and Kabura Advocates to come on record, review of the judgment dated 26-1-2023, and costs. The underlying suit concerned a claim by the Plaintiff to be declared owner of the suit land; the 5th to 15th Defendants defended on the basis that they had bought the land from Philadelphia Investment Group and, by notice dated 3-6-2020, sought indemnity against the 2nd, 3rd and 4th Defendants (trustees of Philadelphia Investment Group), supported by a valuation report. The judgment of 26-1-2023 granted the indemnity at page 29 but did not state the actual figures, leaving the judgment ambiguous. The motion was served but unopposed. The court framed a single issue: whether the motion met the threshold for review. It held that the inadvertent omission of the amounts awarded to each Defendant was a minor error apparent on the face of the record, within Order 45 rule 1(1)(b). The court corrected the error by quantifying indemnity for the 5th, 7th, 8th, 9th, 10th, 12th, 13th, 14th and 15th Defendants, with amounts ranging from Kshs 1,350,000/= to Kshs 4,680,000/=. The motion was allowed in terms of prayers 1, 2 and 3, with costs provided for. Notably, the 6th and 11th Defendants do not appear in the award table.

Key legal issues

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Whether the notice of motion dated 12-6-2024 meets the threshold for review of the judgment dated 26-1-2023

Holding

The motion meets the threshold for review because the judgment inadvertently omitted the amounts to be awarded to each Defendant, constituting a mistake or error apparent on the face of the record under Order 45 rule 1(1)(b).

Reasoning

The court noted that the Plaintiffs sought a declaration of ownership of the suit land; the 5th to 15th Defendants defended on the basis that they bought the land from Philadelphia Investment Group and sought indemnity against the 2nd, 3rd and 4th Defendants. The judgment granted the indemnity but omitted the actual figures, leaving the judgment ambiguous. The omission was a minor error apparent on the face of the record, reviewable under Order 45 rule 1(1)(b), and the court corrected it by quantifying each award. The motion was unopposed.

p. 2

Legal principles established

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  • A judgment that inadvertently omits the amounts awarded contains an error apparent on the face of the record capable of correction on review under Order 45 rule 1(1)(b).

Court orders

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  1. 1.Leave granted to the firm of M/s Ngari and Kabura Advocates to come on record for the Applicants
  2. 2.The judgment of the court dated 26-1-2023 reviewed by specifying the indemnity amounts awarded to each Defendant
  3. 3.Costs of the application provided for
  4. 4.Specific indemnity amounts awarded: 5th Defendant Kshs 1,350,000/=; 7th Defendant Kshs 4,680,000/=; 8th Defendant Kshs 1,350,000/=; 9th Defendant Kshs 3,450,000/=; 10th Defendant Kshs 1,350,000/=; 12th Defendant Kshs 3,510,000/=; 13th Defendant Kshs 1,350,000/=; 14th Defendant Kshs 1,610,000/=; 15th Defendant Kshs 4,350,000/=
Jurisdiction invoked
Sections 1A, 3A and 80 of the Civil Procedure Act and Orders 9 rule 9, 45 and 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kahiga (Suing in her capacity as a personal representative of the Estate of Meri Njatha Alias Alexander Kagiri Meri) v Kimani & 16 others (Environment & Land Case 38 of 2019) [2025] KEELC 1296 (KLR)", Case Analysis (2025). ELC MRG NO. 38 of 2019 (3R). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1296/eng@2025-03-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.