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ELCDismissedNot stated in the extract (application dated 18/7/2025 in the principal suit)· [2026] KEELC 717 (KLR)

Bella Hill Management Ltd v Vipingo Development PLC (Environment and Land Case E38 of 2024) [2026] KEELC 717 (KLR)

Environment and Land Court
11 February 2026
1,390 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Malindi court refused to change its costs decision, confirming that late-filed legal submissions don't have to be considered and don't justify a review.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 18/7/2025 in which the defendant sought review of the court's ruling of 8/4/2025 on costs. The principal suit had been settled, with the sublease registered, leaving only the question of costs. The court had directed the parties to agree on costs or file submissions by set deadlines; the defendant filed its submissions late, on 7/4/2025, one day before the impugned ruling, in which the court condemned the defendant to costs. The defendant argued that the court's observation that neither party had filed submissions was an error on the face of the record and that it was condemned unheard. The plaintiff, through George Ng'ang'a Mbugua, opposed, contending that the orders sought transcended the review jurisdiction, that perceived error is not a ground for review, and that costs are a matter of discretion under Section 27 of the Civil Procedure Act. Mwangi Njoroge J dismissed the application. He held that submissions are not mandatory in every case, citing Daniel Toroitich Arap Moi v Mwangi Stephen Muriithi, and that the Section 27 discretion is unfettered and may be exercised on the record. The court found no error on the face of the record and no new and important matter of evidence under Order 45 Rule 1, without which it would lack jurisdiction to revisit its own ruling, doing so amounting to sitting on appeal on its own decision. The application dated 18/7/2025 was dismissed with costs.

Key legal issues

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01

Whether submissions are mandatory before determination of costs

Holding

Submissions are not mandatory; the court's discretion under Section 27 CPA is unfettered and it may decide costs from the file record alone

Reasoning

The court relied on Daniel Toroitich Arap Moi v Mwangi Stephen Muriithi, noting many cases are decided without submissions. Costs are governed by the discretionary power in Section 27 of the Civil Procedure Act; the entire file record was before the court, which considered all relevant factors and gave a reasoned judgment without the need for submissions.

p. 2
02

Whether the defendant established an error on the face of the record warranting review

Holding

No error on the face of the record was established; since submissions are not mandatory, the court's failure to consider the defendant's late submissions was not an error

Reasoning

The applicant filed submissions 7 days after the deadline and only 1 day before the impugned ruling. The court found that a party cannot file late submissions and then seek review on the ground they were not considered. Since submissions were not required, the alleged omission was not an error apparent on the face of the record.

p. 3
03

Limits of the court's review jurisdiction

Holding

Review is available only for error on the face of the record or discovery of new and important matter; a court cannot sit on appeal on its own decision

Reasoning

The court held that having proffered its reasoning, it is not open to it to revisit its decision unless the statutory grounds for review exist. Absent those grounds, revisiting the ruling would amount to an impermissible appeal against its own decision, which the law does not allow.

p. 3

Legal principles established

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  • Submissions are not mandatory in every case; a court may determine costs on the record and under its unfettered discretion under Section 27 of the Civil Procedure Act
  • A court cannot revisit its own reasoned decision absent an error on the face of the record or discovery of new and important matter of evidence; otherwise it would be sitting on appeal on its own decision

Court orders

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  1. 1.The application dated 18/7/2025 is dismissed with costs
Jurisdiction invoked
Review jurisdiction under Order 45 Rule 1 of the Civil Procedure Rules and Section 27 of the Civil Procedure Act on costs

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, "Bella Hill Management Ltd v Vipingo Development PLC (Environment and Land Case E38 of 2024) [2026] KEELC 717 (KLR)", Case Analysis (2026). Not stated in the extract (application dated 18/7/2025 in the principal suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/717/eng@2026-02-11

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