Rotich v Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui-Deceased) (Land Case (Originating Summons) E006 of 2024) [2025] KEELC 7713 (KLR) (5 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7713
- Citation
- [2025] KEELC 7713 (KLR)
- Decided
- 5 November 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Case (Originating Summons)PostureApplication for review and amendment of pleadingsCoramGMA ONGONDO
Holding
The application is allowed, and the applicant's amended pleadings are to be filed and served within 14 days from the date of this ruling.
Facts
The applicant sued the respondent for adverse possession over the suit land, but the court's ruling introduced a new parcel number (Nandi/itigo/183) in place of the suit land.
Issues
- Review of the court's rulings of November 7, 2024 and April 7, 2025
- Amendment of the applicant's pleadings
- Grant of leave to file and serve additional documents
Reasoning
The court found a clerical mistake in the rulings and ordered the introduction of the new parcel number, necessitating the review of the rulings and amendment of the pleadings.
Outcome
Application allowed
Orders
- Order to review the rulings of November 7, 2024 and April 7, 2025
- Order to amend the applicant's pleadings
- Order to file and serve additional documents
Remedies
- Amendment of pleadings
- Review of rulings
Authorities cited
Legislation (2)
- Civil Procedure Act Chapter 21 Laws of Kenya
- Order 45 Rule 1 of the Civil Procedure Rules 2010
Cases cited (3)
- Order 45 Rule 1 of the Civil Procedure Rules 2010
- Civil Procedure Act Chapter 21 Laws of Kenya
- National of Kenya Ltd-vs-Ndungu Njau (1996) KLR 469 (CAK)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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