Republic v Land Registrar Nairobi Ardhi House & another; Medallion Properties Limited (Ex parte Applicant) (Environment and Land Judicial Review Case E030 of 2024) [2026] KEELC 411 (KLR)
The bottom line
#The High Court varied its earlier judgment to cover seven land properties accidentally left out, confirming courts can fix obvious errors without changing their decisions.
What this practically means
#Executive summary
#Key legal issues
#Whether the omission of seven properties from the judgment of 24th April 2025 was an error apparent on the face of the record warranting variation of the decree
Yes - the applicant had cited the properties in its substantive application and evidenced the caveats; allowing the variation would not change the substance of the judgment
The court found the judgment of 24th April 2025 had determined all issues in controversy, but that the ex-parte applicant had sufficiently demonstrated that the seven subject properties were cited in its application dated 22nd November 2024 and were affected by the 2nd respondent's restriction. The annexed official searches (MG 1 - MG 7) proved the caveats. Correcting the omission was an error apparent on the face of the record, occasioned no injustice, and did not alter the substance of the judgment - it merely perfected its implementation.
Legal principles established
#- The Slip Rule permits correction of errors apparent on the face of a judgment but does not confer jurisdiction to sit on appeal over or substantially alter a court's own judgment
- The court's inherent jurisdiction is a residual source of powers exercisable where necessary for the ends of justice or to prevent abuse of process
- A defect or error in a proceeding may be amended at any time to determine the real question in issue
Court orders
#- 1.The orders issued on 24th April 2025 are varied to the extent that the same apply to the properties known as IR. Nos. 248380, 248382, 248379, 248381, 248377, 248376 and 106486/1 as prayed in the substantive application dated 22nd November, 2024
- 2.No orders as to costs
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution; Sections 1A, 1B, 3A, 99 and 100 of the Civil Procedure Act; Orders 43 and 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registrar Nairobi Ardhi House & another; Medallion Properties Limited (Ex parte Applicant) (Environment and Land Judicial Review Case E030 of 2024) [2026] KEELC 411 (KLR)", Case Analysis (2026). Notice of motion dated 4th June, 2025 (Judicial Review proceedings; substantive application dated 22nd November, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/411/eng@2026-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.