[2024] KEELC 6575 (KLR)

[2024] KEELC 6575 (KLR)

The court held that the applicant failed to demonstrate an error apparent on the face of the record as required for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules. The existence of a previous judgment in Busia ELC Case No 46 of 2015 was within the applicant's knowledge and its omission from the original proceedings does not constitute an error apparent on the face of the record. The court emphasized that an error apparent must be self-evident and not require elaborate argument or reasoning. The plea of res judicata was raised too late, as the court had already determined the suit on its merits. The application for review was therefore...

Citation
[2024] KEELC 6575 (KLR)
Parties
Applicant: Lawrence Isogol Karani; Respondent: Geoffrey Omoding
Court
Environment and Land Court
Court Station
Environment and Land Court at Busia
Jurisdiction
Kenya
Judgment Date
8 October 2024
Case Number
Environment & Land Case 68 of 2014
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Outcome
application dismissed
Judges
BN Olao
Legal Topics
Review of Judgment, Error Apparent on Record, Res Judicata, Land Ownership Disputes
Source Language
English
Civil Procedure Land and Property Review of Judgment Error Apparent on Record Res Judicata Land Ownership Disputes

Case Brief

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Parties

Lawrence Isogol Karani

Applicant

Geoffrey Omoding

Respondent

Procedural Posture

Review Application / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the applicant has demonstrated an error apparent on the face of the record to warrant review of the judgment delivered on 12th March 2024.
  2. 2 Whether the existence of a previous judgment in Busia ELC Case No 46 of 2015 renders the current suit res judicata.
  3. 3 Whether the application for review was filed without unreasonable delay.

Ratio Decidendi

The court held that the applicant failed to demonstrate an error apparent on the face of the record as required for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules. The existence of a previous judgment in Busia ELC Case No 46 of 2015 was within the applicant's knowledge and its omission from the original proceedings does not constitute an error apparent on the face of the record. The court emphasized that an error apparent must be self-evident and not require elaborate argument or reasoning. The plea of res judicata was raised too late, as the court had already determined the suit on its merits. The application for review was therefore...

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated 15th April 2024 is dismissed.
  • There shall be no orders as to costs.