Mjanaheri Farm Limited v China Road and Bridge Corporation Hola Garsen Malindi Road Project [2022] KEELC 1024 (KLR)
- Court
- Environment & Land Court
- Case number
- 1024
- Citation
- [2022] KEELC 1024 (KLR)
- Decided
- 3 March 2022
The court found that the application lacks merit and the Judgment is not subject to review.
Facts
The Plaintiff/Applicant sought to review a Judgment issued on May 8, 2015, where the Defendant/Respondent was ordered to restore the suit property within 90 days. Despite the Judgment, the Respondent failed to comply, leading the Applicant to seek costs and an alternative remedy.
Issues
- Whether the application falls under Order 45 Rule 1 of the Civil Procedure Rules for review.
- Whether the court should have included an alternative order for restoration costs in the event of failure to restore the land.
Reasoning
The court ruled that the failure to comply with the Judgment is not a sufficient reason for review. The court emphasized that the court only grants prayers sought by the litigants and not what it thinks should have been pleaded. The court also stated that the error is not self-evident and cannot be corrected through review.
Outcome
The application for review is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- National Bank of Kenya v Ndungu Njau
- Coretec Systems & Solutions Ltd v Digital Divide Data Kenya Ltd
- Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya
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