Olado v County Government of Busia (Environment and Land Case 70 of 2018) [2025] KEELC 6895 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the review application was made without unreasonable delay
The 45-day delay in filing the review application was unreasonable and unexplained, warranting dismissal on that ground alone.
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.
Whether the finding that the suit land came into existence on 2nd July 2018 was an error apparent on the face of the record
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.
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.
Legal principles established
#- 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
#- 1.The Notice of Motion dated 18th March 2025 is dismissed with costs to the Plaintiff
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.