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ELCDismissedNot stated in the judgment· [2025] KEELC 6895 (KLR)

Olado v County Government of Busia (Environment and Land Case 70 of 2018) [2025] KEELC 6895 (KLR)

Environment and Land Court
7 October 2025
2,734 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling on the Defendant's (County Government of Busia) Notice of Motion dated 18th March 2025 seeking review of a ruling delivered on 30th January 2025, in which the court had dismissed the Defendant's Preliminary Objection and Notice of Motion challenging the Plaintiff's suit over land parcel Bukhayo/Mundika/13570 on grounds of limitation and want of statutory notice. The review was premised on the alleged error that the court found the suit land not to have existed in 1977, whereas the Defendant contended the Slaughter House on the land existed since the 1980s following Government acquisition of Bukhayo/Mundika/1689 in 1982. The court identified the twin requirements for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1(1): sufficient grounds and application without unreasonable delay. It found the 45-day delay unexplained and unreasonable. On the merits, it held that registered land comes into existence only upon issuance of the title document, and since the title deed issued on 2nd July 2018, the finding that the suit land was created then could not be an error apparent on the face of the record; whether the title was fraudulently obtained is a matter for trial. The Motion was dismissed with costs to the Plaintiff, and the main suit remains set for hearing. Judge Boaz N. Olao delivered the ruling by electronic mail on 7th October 2025.

Key legal issues

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01

Whether the review application was made without unreasonable delay

Holding

The 45-day delay in filing the review application was unreasonable and unexplained, warranting dismissal on that ground alone.

Reasoning

The ruling was delivered by electronic mail on 30th January 2025 and received the same day. The Motion was dated 18th March 2025, over one and a half months later. The Defendant did not explain the delay, yet review applications must be brought timeously; the explanation of delay enables the court to exercise its discretion in favour of the applicant.

p. 4
02

Whether the finding that the suit land came into existence on 2nd July 2018 was an error apparent on the face of the record

Holding

No error was made: registered land comes into existence upon issuance of title, and the title deed was issued on 2nd July 2018, so the land could not have existed in 1977 or the 1980s.

Reasoning

The title deed to the suit land was issued on 2nd July 2018, a fact common ground. Following Dr Joseph Arap Ngok, title comes into existence only upon issuance of the title document. That the Defendant's Slaughter House physically existed on the parent parcel earlier does not alter when the new parcel, Bukhayo/Mundika/13570, legally came into existence. Whether the title was fraudulently obtained is a matter for trial.

p. 5

Legal principles established

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  • An error apparent on the face of the record must be one that is manifest or self-evident on merely looking at the record; a good ground of appeal is not necessarily a good ground of review.
  • Title to registered land comes into existence only upon issuance of the title document pursuant to the relevant statute, not upon approval or allocation.
  • An application for review must be made without unreasonable delay, and it is the explanation of delay that enables the court to exercise its discretion.

Court orders

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  1. 1.The Notice of Motion dated 18th March 2025 is dismissed with costs to the Plaintiff

Authorities

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Legislation

  • Limitation of Actions ActSection 7
  • Limitation of Actions ActSections 27 and 28
  • Public Authorities Limitation ActSection 3(1)
  • Government Proceedings ActSection 13A
  • Civil Procedure ActSections 3, 3A and 80
  • Civil Procedure RulesOrder 10 Rule 11; Order 45 Rules 1 and 2; Order 51

Cases cited (6)

  • Isaack Ben Mulwa -v- Jonathan Mutunga Mweke
    2016
  • Nguruman Ltd -v- Shompole Group Ranch & 3 others
    C.A. Civil Appeal No 73 of 2004 [2007 KLR]
  • Francis Origo & Another -v- Jacob Kimali Mungala
    C.A. Civil Appeal No 149 of 2001
  • Francis Njoroge -v- Stephen Maina Kamore
    2018 eKLR
  • Aribam Tuleshwar Sharma -v- Aribam Pishak Sharma
    AIR 1979 SC 1047 [1979 4 SCC 389]
  • Dr Joseph Arap Ngok -v- Justice Moijo Ole Keiwua & Others
    C.A. Civil Appeal Civil Application No 60 of 1997
Jurisdiction invoked
Sections 3, 3A and 80 of the Civil Procedure Act; Order 45 Rule 1 and 2 and Order 51 of the Civil Procedure Rules (application for review)

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, "Olado v County Government of Busia (Environment and Land Case 70 of 2018) [2025] KEELC 6895 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6895/eng@2025-10-07

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