Nyaku Limited v Office Suites Developers Limited; Gheewala & another (Interested Parties) (Environment and Land Case E166 of 2025) [2025] KEELC 6794 (KLR)
The bottom line
#A Kenyan court dismissed a company's attempt to overturn earlier orders, confirming that review is not an appeal and missing court deadlines forfeits your chance to object.
What this practically means
#Executive summary
#Key legal issues
#Whether an error apparent on the face of the record existed to warrant review of the orders of 3rd July 2025
No error apparent on the face of the record existed; the applicant's failure to respond was a waiver of its right to oppose, not a mistake by the court
The court restated the law under Section 80 of the Civil Procedure Act and Order 45 Rule 1, and the jurisprudence from Muyodi v ICDC that an error apparent must stare one in the face with no reasonable two opinions. The applicant's contention that the word 'enjoined' differed from 'joined' failed because the 2nd interested party's intent to participate was unequivocal. The applicant's failure to file responses within the 14 days' directions was a deliberate choice grounded on its disagreement with a High Court ruling, not a reviewable error.
Whether the suit had been struck out and thus required reinstatement
The court clarified that no order striking out the suit was ever made on 3rd July 2025; all parties laboured under a mistaken belief
The court examined the actual orders issued on 3rd July 2025: prayers 2 and 4 of the 1st interested party's application and prayers 2, 3 and 5 of the 2nd interested party's application were granted. Prayer 3 of the 1st interested party's application, which sought striking out of the suit, was not among the orders granted. All parties therefore argued on a false premise that the suit no longer existed.
Legal principles established
#- Review is not an appeal; it is confined to errors apparent on the face of the record, and a ground of opposition deliberately withheld within court timelines cannot be revived through review
- The intention of an application must be gathered from a plain reading of its contents; a mislabeled word (enjoined vs joined) does not render the application defective
Court orders
#- 1.The notice of motion dated 8th July 2025 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Articles 47(1) and (2), 48, 50(1) and 159(2)(d) of the Constitution; Sections 1A, 1B, 3, 3A, 80 and 63(c) of the Civil Procedure Act; Order 12 Rule 7, Order 42 Rule 6(1) and Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyaku Limited v Office Suites Developers Limited; Gheewala & another (Interested Parties) (Environment and Land Case E166 of 2025) [2025] KEELC 6794 (KLR)", Case Analysis (2025). Milimani ELCLC No. E166 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6794/eng@2025-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.