Githuni & another v Muigai & another (Environment and Land Appeal E012 of 2021) [2026] KEELC 2213 (KLR) (21 April 2026) (Ruling)

Githuni & another v Muigai & another (Environment and Land Appeal E012 of 2021) [2026] KEELC 2213 (KLR) (21 April 2026) (Ruling)

The application for review fails because the Respondents’ counsel was not properly on record, the decree relied upon was not new evidence and was not properly introduced, and the application did not meet the criteria for review under Order 45 rule 1 of the Civil Procedure Rules.

Citation
[2026] KEELC 2213 (KLR)
Parties
1st Appellant/respondent: Jackson Mwangi Githuni; 2nd Appellant/respondent: Hudson Maina Githuni; 1st Respondent/applicant: Lucy Wangechi Muigai; 2nd Respondent/applicant: Lydia Njeri Muigai
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
21 April 2026
Case Number
Environment and Land Appeal E012 of 2021
Procedural Posture
Appeal / Ruling on Application for Review
Outcome
Application dismissed with costs to the Appellants.
Legal Topics
Review of Judgment, Change of Advocate After Judgment, Introduction of New Evidence on Appeal
Source Language
English
Civil Procedure Land Law Review of Judgment Change of Advocate After Judgment Introduction of New Evidence on Appeal

Case Brief

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Parties

Jackson Mwangi Githuni

1st Appellant/respondent

Hudson Maina Githuni

2nd Appellant/respondent

Lucy Wangechi Muigai

1st Respondent/applicant

Lydia Njeri Muigai

2nd Respondent/applicant

Procedural Posture

Appeal / Ruling on Application for Review

Legal Issues

  1. 1 Whether the Respondents’ counsel is properly on record
  2. 2 Whether the decree in ELC Case No. 21 of 2019 discloses sufficient material for review
  3. 3 Whether the decree could be considered by this court

Ratio Decidendi

The application for review fails because the Respondents’ counsel was not properly on record, the decree relied upon was not new evidence and was not properly introduced, and the application did not meet the criteria for review under Order 45 rule 1 of the Civil Procedure Rules.

Court Disposition

Application dismissed with costs to the Appellants.

Orders

  • The notice of motion dated 19-12-2024 is dismissed with costs to the Appellants.