Daniel Nganga Njoroge & another v Lemutaka Ole Ntilalei & 3 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kajiado
Category
Civil
Judge(s)
Hon. Justice Christine Ochieng
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Daniel Nganga Njoroge & another v Lemutaka Ole Ntilalei & 3 others [2020] eKLR. Understand key rulings and implications in this legal decision.

Case Brief: Daniel Nganga Njoroge & another v Lemutaka Ole Ntilalei & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Daniel Nganga Njoroge & James Gitema Njuguna v. Lemutaka Ole Ntilalei & Others
- Case Number: ELC CASE NO. 685 OF 2017 (OS)
- Court: Environment and Land Court at Kajiado
- Date Delivered: October 6, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Christine Ochieng
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether to vary or review a previous ruling made on April 23, 2020, which contained a typographical error regarding the excision of 30 acres of land. Specifically, the court needed to determine if the order should reflect that the 30 acres were to be excised from the defendants' land instead of the plaintiffs' land.

3. Facts of the Case:
The plaintiffs, Daniel Nganga Njoroge and James Gitema Njuguna, sought to amend a prior ruling that mistakenly directed the Kajiado Land Registrar to excise 30 acres from their land rather than from the defendants' land. The defendants, including Lemutaka Ole Ntilalei and others, opposed the application, asserting that the court lacked jurisdiction to entertain the application and that it was an abuse of process.

4. Procedural History:
The case began with a ruling on March 19, 2019, which directed the land registrar to revoke certain land titles and awarded the plaintiffs 30 acres from a specific land parcel. Following the defendants' failure to implement the court's decree, the plaintiffs filed an application on May 30, 2019, to amend the excision order. The court ruled on April 23, 2020, but the plaintiffs later filed a motion on June 24, 2020, to rectify a typographical error in that ruling. The defendants responded with a preliminary objection, arguing against the court's jurisdiction.

5. Analysis:
- Rules: The court considered Order 45 (1) of the Civil Procedure Rules and Section 80 of the Civil Procedure Act, which govern the review of court orders. Additionally, Order 45, rule 6, prohibits the review of a ruling made on a previous review application.
- Case Law: The plaintiffs cited *Thugi River Estate Limited & Another v. National Bank of Kenya Limited & 3 Others (2015) eKLR* to support their position. The defendants referenced several cases, including *Equity Bank Limited v. Neptune Credit Management Limited (2012) eKLR* and *Mukisa Biscuits Manufacturing Company Ltd v. West End Distributors*, asserting that the application was an abuse of the court process and that the court was functus officio (without authority).
- Application: The court found no error in the April 23 ruling, noting that it correctly stated the plaintiffs' entitlement to 30 acres from the subdivisions of Kajiado/Kitengela/6137. The court emphasized that the typographical error did not alter the substantive rights of the parties involved, and it declined to review the ruling based on the prohibition against reviewing a previous review.

6. Conclusion:
The court ruled against the plaintiffs' motion to amend the April 23 ruling, upholding the defendants' preliminary objection. The court determined that the application lacked merit and noted that the failure to implement the decree was not the plaintiffs' fault, thus ordering each party to bear their own costs.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Environment and Land Court ruled against the plaintiffs' motion to amend a prior ruling due to a typographical error regarding land excision. The court upheld the defendants' objections, emphasizing that the substantive rights of the parties were correctly reflected in the previous ruling. This case highlights the importance of precise language in legal documents and the limitations on reviewing court orders under Kenyan law.

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