Kenya Broadcasting Corporation v Municipal Council of Mombasa & another [2021] KEELC 4449 (KLR)
- Court
- Environment & Land Court
- Case number
- 4449
- Citation
- [2021] KEELC 4449 (KLR)
- Decided
- 28 January 2021
The application is dismissed with costs to the plaintiff
Facts
In 2010, Kenya Broadcasting Corporation filed a suit claiming ownership of land. In 2018, the court summoned the Mombasa County Chief Land Registrar to testify on the land title. The plaintiff closed its case, and the defendants presented their witness. The court made directions for the Land Registrar to produce records, but the application was adjourned due to a short notice. The plaintiff filed an application for review after one year.
Issues
- Whether the application for review was filed after unreasonable delay
- Whether the error apparent on the face of the record is sufficient for review
Reasoning
The delay in filing the application is unreasonable and unexplained. The error apparent on the face of the record is not sufficient for review. The applicant did not seek leave to appeal and should have pursued that avenue instead of seeking a review.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the plaintiff
Authorities cited
Cases cited (2)
- National Bank of Kenya Limited vs Ndungu Njau (1997)eKLR
- Otieno Ragot & Company Advocates vs National Bank of Kenya Limited (2020)eKLR
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