Republic & another v County Land Registrar (Environment and Land Judicial Review Case E001 of 2022) [2025] KEELC 5139 (KLR)
The bottom line
#A Nakuru land court set aside its own ruling after realising it had ignored the applicant's filed response, and the joinder application will now be reheard.
What this practically means
#Executive summary
#Key legal issues
#Whether the failure by the court to consider the Applicant's replying affidavit, grounds of opposition and submissions constitutes an error apparent on the face of the record warranting review under Order 45 Rule 1(b) of the Civil Procedure Rules
Yes. The court perused its records, confirmed the documents were filed and had not been considered, and set aside its ruling of 28th March, 2025, directing that the joinder application be heard afresh.
The court recited the grounds for review under Order 45 Rule 1(1): discovery of new and important matter, mistake or error apparent on the face of the record, or any other sufficient reason. The Applicant grounded the review on error apparent on the face of the record, contending the court decided the joinder application without considering her filed and served response documents, contrary to Order 45 Rule 1(b) and her fair-hearing rights under Article 50 of the Constitution. On its own perusal of the record, the court verified the documents existed and were overlooked, making the ruling erroneous and properly reviewable.
Legal principles established
#- Review under Order 45 lies on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, and a court that failed to consider filed documents may set aside its own ruling on that basis.
Court orders
#- 1.Review granted; the court's ruling and order dated 28th March, 2025 set aside
- 2.The application for joinder dated 4th December, 2024 to be heard afresh
- 3.No orders as to costs
- 4.Matter to be mentioned on 21st July 2025 for directions
- Jurisdiction invoked
- Order 45 Rule 1(1) of the Civil Procedure Rules (review of decree or order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic & another v County Land Registrar (Environment and Land Judicial Review Case E001 of 2022) [2025] KEELC 5139 (KLR)", Case Analysis (2025). Not stated in the judgment (Document Tracking Number OO42G72025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5139/eng@2025-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.