[2025] KEELC 4300 (KLR)

[2025] KEELC 4300 (KLR)

The court held that the applicant failed to satisfy the statutory threshold for review under Order 45(1) of the Civil Procedure Rules. The only ground advanced was the alleged failure to consider written submissions, but the applicant did not prove that such submissions were duly filed or formed part of the court record. The court emphasized that review is only available for errors apparent on the face of the record or discovery of new evidence, neither of which was demonstrated. Furthermore, the court found that even if the submissions had not been considered, this would not vitiate the judgment, as cases are determined on evidence and law, not submissions. Any alleged error in the...

Citation
[2025] KEELC 4300 (KLR)
Parties
Appellant: Ali Gobe; Respondent: Mohammed Golicha Bora
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Judgment Date
4 June 2025
Case Number
Environment and Land Appeal E005 of 2023
Procedural Posture
Environment and Land Appeal / Ruling on Application for Review of Judgment
Outcome
application dismissed
Judges
JO Mboya
Legal Topics
Review of Judgment, Written Submissions, Community Land, Gift Inter Vivos, Burden of Proof
Source Language
English
Civil Procedure Land and Property Review of Judgment Written Submissions Community Land Gift Inter Vivos Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Ali Gobe

Appellant

Mohammed Golicha Bora

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the applicant satisfied the threshold for review of judgment under Order 45(1) of the Civil Procedure Rules.
  2. 2 Whether failure to consider written submissions vitiates a judgment.

Ratio Decidendi

The court held that the applicant failed to satisfy the statutory threshold for review under Order 45(1) of the Civil Procedure Rules. The only ground advanced was the alleged failure to consider written submissions, but the applicant did not prove that such submissions were duly filed or formed part of the court record. The court emphasized that review is only available for errors apparent on the face of the record or discovery of new evidence, neither of which was demonstrated. Furthermore, the court found that even if the submissions had not been considered, this would not vitiate the judgment, as cases are determined on evidence and law, not submissions. Any alleged error in the...

Court Disposition

application dismissed

Orders

  • The application dated 16th April 2025 is dismissed.
  • Costs of the application are awarded to the respondent (appellant in the main suit).