Marakot (Suing as the Duly Appointed Legal Administrator to the Estate of Noondasati Makalto Makalo - Deceased) v Loolamala & 2 others (Environment and Land Case 197 of 2018) [2026] KEELC 2550 (KLR)
The bottom line
#A Kenyan court corrected one wrong word in its own judgment so a family could finally register inherited land.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant met the legal threshold for review of the judgment of 3rd March 2022
The threshold was met: the direction to 'revert' the title was a manifest error since the deceased never held title, and the impossibility of execution constituted a sufficient reason for review
The court found the error manifest — the word 'revert' presupposes a prior registered state, which never existed, making the order a mechanical and factual impossibility. Substituting 'register' for 'revert' does not reopen the merits but gives effect to the judgment's clear intention. Delay since 2022 was excused because the need for review arose only when the Land Registrar rejected the decree during execution. Functus officio does not bar corrective variation.
Legal principles established
#- An error apparent on the face of the record must be self-evident and manifest, not requiring elaborate argument
- The inability to enforce a final decree due to a terminological mismatch is a 'sufficient reason' for review
- The functus officio doctrine does not bar a court from corrective, non-merit-based engagement with a decided case
Court orders
#- 1.The Judgment dated 3rd March 2022 is reviewed and varied by substituting the word 'revert' with the word 'register' to enable the Land Registrar, Kajiado, to effect the registration of L.R. Kajiado/Dalalekutuk/3019, 9510, and 9511 in the name of the deceased, Noondasati Makalto Makalo
- 2.An amended decree to be issued with the above variation
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (Cap 21) and Order 45 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marakot (Suing as the Duly Appointed Legal Administrator to the Estate of Noondasati Makalto Makalo - Deceased) v Loolamala & 2 others (Environment and Land Case 197 of 2018) [2026] KEELC 2550 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2550/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.