https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10925

In re Estate of Abdala (Deceased) (Succession Cause 093 of 2008) [2026] KEHC 10925 (KLR) (20 July 2026) (Ruling) Neutral citation: [2026] KEHC 10925 (KLR) Republic of Kenya In the High Court at Eldoret Succession Cause 093 of 2008 RN Nyakundi, J July 20, 2026 IN THE MATTER OF THE ESTATE OF FATUMA JEPKEMBOI ABDALA (DECEASED) Between Abdul Rotich Petitioner and Madaraka Salim Cheruto Alias Mary Madaraka Paul Applicant and Salim Kiplagat Said Objector Ruling 1.Before this Court is a letter dated 30th June 2026 requesting for a review of the Ruling delivered by this Court on 11th October 2024. The Ruling was on an application dated 3rd July, 2024 brought under the provisions of Article 159 of the constitution, Order 51 of Civil Procedure Rules and Section 1(A) of the Civil Procedure Act. The Applicant sought for the following orders:a.Spentb.This Honourable court be pleased to order the cancellation of title of that whole parcel of land known as Nandi/Mosombor/612 c. Costs be provided for. 2.The Application is made on the following grounds;i.The Honourable court granted orders dated 28/02/2024 that the land designated as Nandi/Mosombor/612 that the Deputy Registrar Environment and Land Court to sign the transfer documents on behalf of the petitioner/respondent of Abdul Rotich.ii.The Petitioner/respondent has failed/refused and or neglected to surrender the original title for parcel of land known as Nandi/Mosombor/612.iii.The land registrar is unable to produce a title deed for land parcel Nandi/Mosombor/612 for the without the original title deed.iv.It is imperative that the original title deed be cancelled in order to pave way for the objector/ applicant herein to get a new title.v.The Applicant continues to suffer irreparable damage if the orders sought are not granted, as he is unable to enjoy the fruits of the order given.vi.It is fair, just and expedient that this Honourable court allows the application. Decision 3.A review of a judgment on the ground of an error apparent on the face of the record is strictly limited to self-evident mistakes. The error must be obvious without elaborate arguments. Courts uniformly hold that a review is not an appeal in disguise and cannot be used to correct erroneous conclusions of law or re-evaluate evidence. 4.The applicable provisions on review are found in Section 80 of the Civil Procedure Act as read with Order 45 Rule 1 of the Civil Procedure Rules. The key decided cased among others cited herein below consistently enforce the principles under this statute. National Bank of Kenya v. Ndungu Njau (Civil Appeal 211 of 1996): The Court of Appeal emphasized that the mistake must be self-evident. An error that requires a long-drawn process of reasoning or exists where two conceivable opinions can be formed is not an "error apparent." Benjoh Amalgamated Ltd & Another v. Kenya Commercial Bank Ltd (2014) eKLR: The Supreme Court of Kenya confirmed that review jurisdiction is never an avenue to re-litigate matters or rewrite an allegedly erroneous judgment. The proper remedy for an erroneous legal conclusion is an appeal, not a review. Okero v. Onchoke (Civil Appeal 143 of 2020) [2026] KECA 346: The Court of Appeal reasserted that a review is not an appeal in disguise. If the initial court's findings were based on a proper appreciation of law and evidence, a review application will be dismissed as lacking merit. 5.Given the above principles I hereby exercise discretion on grounds of error or fact on the face of the record in the Ruling delivered by this Court on 11th October 2024 which is now varied, reviewed to read as follows;a.That title for Nandi/Mosombor/612 is hereby deemed as lost and cancelled and shall revert to the names of the deceased Fatuma Jepkemboi Abdala.b.The Land Registrar is hereby directed to initiate a process of cancellation and replacement of the title deed duly issued to the deceased and in the alternative, given the authenticity of the green card in reference to LR. Nandi/Mosombor/612, the Administrators be and are hereby allowed to transmit the estate of the deceased.c.The Administrators are hereby directed to visit the Nandi Land Registry Offices to be facilitated in transmission of the estate.d.The Applicant shall have the costs of the application. 6.It is so ordered DATED, SIGNED AND DELIVERED THIS 20TH DAY OF JULY 2026.…………………………..………R. NYAKUNDIJUDGE