[2025] KEELC 645 (KLR)
The court held that it was functus officio, having already delivered its final judgment on 25th April 2024. As such, it lacked jurisdiction to entertain or reinstate the notice of motion dated 1st July 2024, which had been dismissed for non-attendance. The court further noted that reinstating the application would...
Source-derived case information.
- Citation
- [2025] KEELC 645 (KLR)
- Parties
- Appellant: Johnson Gatauwa James; Respondent: Leah Wanjiru Mburu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E026 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Reinstatement of Notice of Motion
- Outcome
- application dismissed
- Judges
- LC Komingoi
- Legal Topics
- Functus Officio, Reinstatement of Application, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Gatauwa James
Appellant
Leah Wanjiru Mburu
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Reinstatement of Notice of Motion
Legal Issues
- 1 Whether the court can reinstate a notice of motion after it has delivered final judgment and become functus officio.
- 2 Whether there is merit in the application for reinstatement of the notice of motion dismissed for non-attendance.
Ratio Decidendi
The court held that it was functus officio, having already delivered its final judgment on 25th April 2024. As such, it lacked jurisdiction to entertain or reinstate the notice of motion dated 1st July 2024, which had been dismissed for non-attendance. The court further noted that reinstating the application would serve no purpose, and that the appellant's proper recourse, if dissatisfied with the judgment, was to pursue an appeal. Consequently, the application for reinstatement was found to be without merit and was dismissed with no orders as to costs.
Court Disposition
application dismissed
Orders
- The application dated 27th September 2025 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
James v Mburu (Environment and Land Appeal E026 of 2022) [2025] KEELC 645 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEELC 645 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Appeal E026 of 2022
LC Komingoi, J
February 20, 2025
Between
Johnson Gatauwa James
Appellant
and
Leah Wanjiru Mburu
Respondent
Ruling
1. This court on the 25th April 2024 delivered its Judgment and dismissed the Appeal with costs to the Respondent. The Appellant then filed the Notice of Motion 1st July 2024 which was dismissed for non-attendance on the 24th September 2024.
2. The Notice of Motion dated 27th September 2025 seeks reinstatement of the Notice of Motion dated 1st July 2024 which was filed after a long delay.
3. It is my view that this court is functus officio having rendered its Judgment on 25th April 2024. Reinstating the Notice of Motion dated 1st July 2024 will serve no purpose.
4. If the Appellant is dissatisfied with the Judgement of this Honourable Court he ought to pursue an appeal. I find no merit in this Application and the same is dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20TH DAY OF FEBRUARY 2025. L. KOMINGOIJUDGEIn the presence of:Ms. Kaberia for Mr. Mbigi for the Appellant.N/A for the Respondent.Court Assistant – Mutisya.