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Mogusu v Mbogo & another (Environment and Land Case 99 of 2020) [2026] KEELC 19 (KLR)

Environment and Land Court
15 January 2026
COChristine Ochieng
1,378 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Nairobi court reopened a land case file that was wrongly closed, giving the winning party another chance to enforce his judgment.

What this practically means

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Executive summary

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This was a ruling on the Judgement Creditor's Notice of Motion dated 21st July, 2025 seeking review and setting aside of orders made on 3rd March, 2025, when the court marked the file as closed during a mention of the Applicant's enforcement application dated 7th October, 2024, which sought to enforce an Order and Decree requiring the 1st Defendant to vacate LR No. Dagoretti/Riruta/S.954 within ninety days. The Applicant contended the application was struck out without notice to him or his advocate and without a hearing. The 1st Respondent opposed, asserting the application was dismissed for want of prosecution, that an appeal was pending, that the review application was filed late, and that no error apparent on the face of the record or new evidence had been demonstrated. Canvassed by written submissions, the court framed a single issue: whether the orders of 3rd March, 2025 should be reviewed and the enforcement application reinstated. Guided by Section 80 of the Civil Procedure Act, Order 45 rule 1(1) of the Civil Procedure Rules and the Court of Appeal authorities on review, the court found on its own record that the file was closed during a mention while the enforcement application was pending, with no record of dismissal for want of prosecution, and that no stay of execution pending appeal was indicated. It found an error apparent on the face of the record, allowed the application, reopened the file and directed that the enforcement application be fixed for hearing within thirty days, failing which it would stand dismissed, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court should review or set aside the Orders of 3rd March, 2025, striking out/closing the file on the Decree Holder's Application dated 7th October, 2024, and reinstate the said application for hearing

Key legal issues

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01

Whether there was an error apparent on the face of the record warranting review of the orders of 3rd March, 2025

Holding

Yes - the Court marked the file as closed during a mention while the Applicant's enforcement application remained pending, without any record of dismissal for want of prosecution; this was an error apparent on the face of the record

Reasoning

The Court examined its own record and found that on 3rd March, 2025 the file was marked closed during a mention, without dealing with the pending enforcement application. There was no record of the application being dismissed for want of prosecution, contrary to the 1st Respondent's assertion. With a favourable judgment still unenforced and no indication of a stay pending the pending Appeal, the Court found sufficient grounds under Section 80 of the Civil Procedure Act and Order 45 to review the order, reopen the file and direct the enforcement application to be heard on merit.

p. 3

Legal principles established

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  • An application for review under Order 45 Rule 1 requires discovery of new and important evidence, an error apparent on the face of the record or other sufficient reason, and must be made without unreasonable delay
  • A review is restricted to the parameters set out by law

Court orders

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  1. 1.The Notice of Motion dated 21st July, 2025 is allowed
  2. 2.The Order of 3rd March, 2025 closing the Court file is reviewed and the Court file is reopened
  3. 3.The application dated 7th October, 2024 seeking enforcement of the Judgment is to be fixed for hearing within thirty (30) days from the date of the ruling, failing which it will stand dismissed
  4. 4.Costs in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

CO
majority

Wrote the judgment

Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules (review jurisdiction of the court that made the order)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I find that there was indeed an error apparent on the face of record and will proceed to review the Order closing this Court file, reopen the Court file and direct that the application dated the 7th October, 2024 seeking enforcement of the said Judgement to be heard on merit.
p. 3Review - error apparent on the face of record
I direct that the Plaintifi Application dated 7th October, 2024 be fixed for hearing within thirty (30) days from the date hereof, failure of which it will stand dismissed.
p. 3Final orders - reinstatement and timelines
In addition, the application was to be made without unreasonable delay.
p. 3Review - requirement of no unreasonable delay

Issues in the judgment

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minor

The judgment inconsistently dates the Order and Decree - the affidavit refers to 'Order and Decree of 6th July, 2023' while later referring to 'the 4th Clause of Order and Decree of 6th July, 2024'

minor

The 1st Respondent's affidavit refers to opposing review of 'the orders given on the 30th March, 2025' whereas the orders under review are dated 3rd March, 2025

minor

The court record itself is cited as showing no dismissal for want of prosecution, contradicting the 1st Respondent's contention

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, "Mogusu v Mbogo & another (Environment and Land Case 99 of 2020) [2026] KEELC 19 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/19/eng@2026-01-15

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