[2025] KEHC 8938 (KLR)

[2025] KEHC 8938 (KLR)

The court found that the applicant failed to provide any new or important evidence that was not available at the time of the original hearing, nor did he demonstrate any error apparent on the face of the record. The court noted that the judgment at paragraph 77(a) clearly ordered an equal division of LR Number 1956/2974 Voi Town between the parties, with the applicant allocated the portion containing the car wash premises or an equivalent area. The court observed that there was no evidence before it that the property had already been subdivided into five portions or that any parts had been lawfully disposed of to third parties. The court further held that any third-party interests should...

Citation
[2025] KEHC 8938 (KLR)
Parties
Applicant: Mary Nyambura Muigai; Respondent: Daniel Kuria Mbuthia
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
24 January 2025
Case Number
Civil Suit E001 of 2023
Procedural Posture
Civil Suit / Ruling on Application for Review and Stay of Execution
Outcome
application dismissed
Judges
AN Ongeri
Legal Topics
Review of Judgment, Matrimonial Property Distribution, Stay of Execution, Division of Land, Third Party Interests, Error on Face of Record
Source Language
English
Civil Procedure Land and Property Review of Judgment Matrimonial Property Distribution Stay of Execution Division of Land Third Party Interests Error on Face of Record

Case Brief

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Parties

Mary Nyambura Muigai

Applicant

Daniel Kuria Mbuthia

Respondent

Procedural Posture

Civil Suit / Ruling on Application for Review and Stay of Execution

Legal Issues

  1. 1 Whether paragraph 77(a) of the judgment delivered on 14/10/2024 should be reviewed on grounds of error apparent on the face of the record or discovery of new evidence.
  2. 2 Whether the applicant has established sufficient grounds for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules.
  3. 3 Whether the division of LR Number 1956/2974 Voi Town as ordered in the judgment should be altered to account for alleged third-party interests and subdivision.

Ratio Decidendi

The court found that the applicant failed to provide any new or important evidence that was not available at the time of the original hearing, nor did he demonstrate any error apparent on the face of the record. The court noted that the judgment at paragraph 77(a) clearly ordered an equal division of LR Number 1956/2974 Voi Town between the parties, with the applicant allocated the portion containing the car wash premises or an equivalent area. The court observed that there was no evidence before it that the property had already been subdivided into five portions or that any parts had been lawfully disposed of to third parties. The court further held that any third-party interests should...

Court Disposition

application dismissed

Orders

  • The application for review is dismissed.
  • LR Number 1956/2974 Voi Town will be divided equally between the applicant and the respondent as per the judgment dated 14th October, 2024.