Ijait C. Aluku v Salome Mwanaisha Madaga & 5 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Ijait C. Aluku v Salome Mwanaisha Madaga & 5 others [2020] eKLR


1. Case Information:
- Name of the Case: IJAIT C. ALUKU v. SALOME MWANAISHA MADAGA & Others
- Case Number: ELC CASE NO. 222 OF 2016
- Court: Environment and Land Court at Kakamega
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues presented before the court included whether the plaintiff's application for a review of the judgment delivered on 28th November 2019 should be granted, considering claims of errors on the face of the record and the introduction of new evidence that was purportedly not available at the time of the original ruling.

3. Facts of the Case:
The plaintiff, Ijait C. Aluku, initiated the case against several defendants, including Salome Mwanasha Madaga and others, regarding a dispute over land titles. The plaintiff claimed that an error occurred in the previous judgment due to a lack of sufficient evidence and that his case had been withdrawn without his consent. He contended that the land titles referenced in the judgment did not exist as they had been amalgamated into a new title. Furthermore, the plaintiff asserted that the court had not complied with a previous order requiring a report from the County Land Registrar and Surveyor, which was essential for a fair determination of the case.

4. Procedural History:
The application for review was filed on 16th December 2019 under several provisions of the Civil Procedure Act and Rules. The plaintiff sought an urgent hearing, permission for a new legal representative, a stay of execution of the previous judgment, and the reopening of the case to introduce new evidence. The defendants argued that the plaintiff had withdrawn his case and that the judgment had already been executed. The court ultimately dismissed the application, ruling that the plaintiff had not demonstrated any error apparent on the record or sufficient grounds for a review.

5. Analysis:
- Rules: The court considered various provisions of the Civil Procedure Act and Rules, particularly Order 45, which outlines the conditions under which a party may seek a review of a judgment. The court emphasized that a review could only occur if there was an apparent error on the face of the record or if new evidence had emerged that could not have been discovered with reasonable diligence at the time of the original judgment.

- Case Law: The court referenced several cases, including *Kwame Kariuki & Another v. Mohamed Hassan Ali & 4 Others (2014)*, which established that review is not available once an appeal has been filed. In *Mwihoko Housing Company Limited v. Equity Building Society (2007)*, it was noted that a review is appropriate for correcting self-evident mistakes. The court also considered *Rose Kaiza v. Angelo Mpanju Kaiza (2009)*, which underscored the necessity for clarity in the grounds for a review application.

- Application: The court found that the plaintiff failed to prove any error on the face of the record or provide new evidence that warranted a review. It was determined that the plaintiff had previously withdrawn his case, and thus the court's judgment had proceeded based on the counterclaim, which had been established on the balance of probabilities.

6. Conclusion:
The court dismissed the plaintiff's application for review, concluding that he did not meet the necessary legal standards for such a request. The ruling emphasized that the plaintiff's failure to demonstrate an error or new evidence meant the previous judgment would stand. This decision reinforces the principle that parties must present their cases thoroughly at the initial stages of litigation.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was unanimous.

8. Summary:
The case of IJAIT C. ALUKU v. SALOME MWANAISHA MADAGA & Others highlights critical aspects of civil procedure regarding the grounds for reviewing judgments in Kenya. The court's ruling underscores the importance of presenting all relevant evidence during the original proceedings and clarifies the stringent requirements for seeking a review. This case serves as a precedent for future matters involving similar requests for review based on claims of error or new evidence.

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