Ogola (Donee suing on behalf of Oliver Owuor Tambo-Donor) v Oloo & 3 others (Environment and Land Appeal E003 of 2023) [2026] KEELC 52 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a landowner's bid to review a judgment, ruling that a nine-month unexplained delay and already-available documents don't justify reopening a case.
What this practically means
#Executive summary
#Key legal issues
#Whether there was unreasonable delay in bringing the review application
A delay of about nine months was inordinate and unexplained
The judgment was delivered on 14th February 2024 and the application filed on 8th November 2024. The Applicant's explanation - that she spent time obtaining documents from the lands office - was rejected because the documents were or ought to have been in her possession as donee of a power of attorney, and she produced no evidence particularising difficulties at the lands office.
Whether the evidence the Applicant sought to introduce qualified as new evidence under Order 45 Rule 1
It did not; the documents were readily available and within her knowledge at the time of the decree
Succession documents, the bank slip, land control board application and KRA payment records were in her custody or accessible with minimal effort. Documents obtainable with due diligence before the decree cannot qualify as new and important matter justifying review.
Whether review should be granted in the interest of justice notwithstanding the delay
No; the discretion to enlarge time was declined
Applying Salat and Mohamed v Diamond Trust Bank, extension of time is discretionary and equitable; the Applicant failed to lay a basis to the satisfaction of the court, and allowing the application would prejudice the Respondents who had begun execution under a decree and warrant of arrest.
Legal principles established
#- Extension of time is an equitable, discretionary remedy available only to a deserving party who explains the delay and shows no prejudice to the other side
- An application for review must be made without unreasonable delay and new evidence must be matter that due diligence could not have produced at the time of the decree
- A party claiming to act as a donee of a power of attorney must annex the power of attorney; otherwise the deposition may be inadmissible hearsay
Court orders
#- 1.Prayers 2, 3 and 4 of the Applicant's application declined and the entire application dismissed
- 2.Costs of the application awarded to the Applicant pursuant to section 27 of the Civil Procedure Act
- Jurisdiction invoked
- Inherent powers of the court and enabling provisions of law (Order 45 Rule 1, Civil Procedure Rules, 2010)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogola (Donee suing on behalf of Oliver Owuor Tambo-Donor) v Oloo & 3 others (Environment and Land Appeal E003 of 2023) [2026] KEELC 52 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 8th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/52/eng@2026-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.