Bella Hill Management Ltd v Vipingo Development PLC (Environment and Land Case E38 of 2024) [2026] KEELC 717 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether submissions are mandatory before determination of costs
Submissions are not mandatory; the court's discretion under Section 27 CPA is unfettered and it may decide costs from the file record alone
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.
Whether the defendant established an error on the face of the record warranting review
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
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.
Limits of the court's review jurisdiction
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
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.