[2025] KEELC 1296 (KLR)

[2025] KEELC 1296 (KLR)

The court found that the omission of the specific indemnity amounts in the judgment dated 26-1-2023 constituted a minor error apparent on the face of the record. Order 45 rule 1(1)(b) of the Civil Procedure Rules empowers the court to review its judgment on account of such an error. The court held that the...

Source-derived case information.

Citation
[2025] KEELC 1296 (KLR)
Parties
Plaintiff: Anastacia Waithira Kahiga (Suing in her capacity as a personal representative of the Estate of Meri Njatha Alias Alexander Kagiri Meri); Defendant: Peter Gatonga Kimani; Defendant: Nelson Kimemia Njenga; Defendant: Evans Irungu Mutungi; Defendant: David Ngari Mwangi (Sued as Trustees of Philadephia Investment Group); Defendant: Gerald Ndirangu Irungu; Defendant: Mwaura Erastus Muiruri; Defendant: Mercy Wangui Kamunge; Defendant: Jane Wairimu Mutego; Defendant: Christopher Kamande Ndungu; Defendant: Mohammed Omar Mabrouk; Defendant: Upendo Mulyes Company Ltd; Defendant: Wilson Ndungu Mwaura; Defendant: Caroline Muthoni Njugia; Defendant: Samuel Muya Waboi; Defendant: Martin Chege Muriithi; Defendant: The Land Registrar Murang’A; Defendant: The Honourable Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Muranga
Jurisdiction
Kenya
Case Number
Environment & Land Case 38 of 2019
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Outcome
Application allowed. Judgment reviewed to specify indemnity amounts. Costs awarded to applicants.
Judges
MN Gicheru
Legal Topics
Review of Judgment, Indemnity Awards, Error on Face of Record, Land Ownership Disputes
Source Language
en
Civil Procedure Land and Property Review of Judgment Indemnity Awards Error on Face of Record Land Ownership Disputes

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Parties

Anastacia Waithira Kahiga (Suing in her capacity as a personal representative of the Estate of Meri Njatha Alias Alexander Kagiri Meri)

Plaintiff

Peter Gatonga Kimani

Defendant

Nelson Kimemia Njenga

Defendant

Evans Irungu Mutungi

Defendant

David Ngari Mwangi (Sued as Trustees of Philadephia Investment Group)

Defendant

Gerald Ndirangu Irungu

Defendant

Mwaura Erastus Muiruri

Defendant

Mercy Wangui Kamunge

Defendant

Jane Wairimu Mutego

Defendant

Christopher Kamande Ndungu

Defendant

Mohammed Omar Mabrouk

Defendant

Upendo Mulyes Company Ltd

Defendant

Wilson Ndungu Mwaura

Defendant

Caroline Muthoni Njugia

Defendant

Samuel Muya Waboi

Defendant

Martin Chege Muriithi

Defendant

The Land Registrar Murang’A

Defendant

The Honourable Attorney General

Defendant

Procedural Posture

Review Application / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the motion meets the threshold for review under Order 45 rule 1(1)(b) of the Civil Procedure Rules due to an error apparent on the face of the record.
  2. 2 Whether the court should specify the actual indemnity amounts awarded to each defendant as previously omitted.

Ratio Decidendi

The court found that the omission of the specific indemnity amounts in the judgment dated 26-1-2023 constituted a minor error apparent on the face of the record. Order 45 rule 1(1)(b) of the Civil Procedure Rules empowers the court to review its judgment on account of such an error. The court held that the applicants were entitled to have the judgment reviewed and corrected to specify the actual amounts awarded to each defendant as indemnity. The court therefore allowed the application, granted leave for the applicants' advocates to come on record, reviewed the judgment to include the specific indemnity sums as per the valuation report, and awarded costs of the application to the applicants.

Court Disposition

Application allowed. Judgment reviewed to specify indemnity amounts. Costs awarded to applicants.

Orders

  • The firm of M/s Ngari and Kabura Advocates is granted leave to come on record for the applicants.
  • The judgment of the court dated 26-1-2023 is reviewed to specify the actual indemnity amounts awarded to each defendant as follows: 5th Defendant KES 1,350,000; 7th Defendant KES 4,680,000; 8th Defendant KES 1,350,000; 9th Defendant KES 3,450,000; 10th Defendant KES 1,350,000; 12th Defendant KES 3,510,000; 13th...