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ELCDismissedIntended Interested Party's Notice of Motion dated 18th March 2025 (arising from suits decreed by L.N. Gacheru, J on 25th February 2015)· [2025] KEELC 7007 (KLR)

Kiritu & another v Milele Ventures Ltd & another (Civil Case ELC 414 & ELC 415 of 2010 (Consolidated)) [2025] KEELC 7007 (KLR)

Environment and Land Court
9 October 2025
4,348 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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A Kenyan land court rejected a developer's attempt to rejoin long-running land proceedings, ruling the move was barred because the same issue had already been decided.

What this practically means

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Executive summary

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This was a ruling on the Intended Interested Party's Notice of Motion dated 18th March 2025, brought by Two Zero Six Ruiru Developers Limited under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, seeking review and setting aside of the court's ruling of 6th March 2025, which had dismissed its application for joinder as an interested party. The Applicant, through its director Benson Njuguna, argued that the earlier ruling contained an error apparent on the face of the record because the Defendant/Judgment Debtor could not adequately represent its distinct proprietary interest in L.R. No. 28318/2243, acquired post-judgment, and that the pending execution-stage application seeking revocation of 106 titles threatened its property rights without a hearing, contrary to Article 50(1). The Decree Holders opposed, contending there was no error apparent, that the court was functus officio, that the joinder prayer was res judicata, and that the Chief Land Registrar's report showed the title relied upon had never been registered. Angote J framed two issues. On review, the court held that the grievances raised were, in substance, challenges to the merits of the earlier determination, requiring judicial reasoning on which more than one view was possible; such matters lie on appeal, not review, citing National Bank of Kenya v Ndungu Njau. On res judicata, the court held that the joinder question had been squarely raised and conclusively determined in the 6th March 2025 ruling, which had not been set aside or overturned, so re-raising it contravened Section 7 of the Civil Procedure Act. The application was dismissed with costs.

Key legal issues

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01

Whether the ruling of 6th March 2025 contained an error apparent on the face of the record justifying review

Holding

No. The alleged errors involved judicial reasoning on which more than one view could reasonably be taken and amounted to a challenge to the merits, which lies in appeal and not review.

Reasoning

The court traced the statutory framework under Section 80 of the Civil Procedure Act and Order 45 Rule 1, and the jurisprudence defining error apparent on the face of the record, including Nyamogo & Nyamogo v Kogo and National Bank of Kenya v Ndungu Njau. It held that the finding that the Judgment Debtor could represent the Applicant's interests, and the observation that joinder would unsettle prior judgments, were reasoned substantive findings, not self-evident errors.

p. 7
02

Whether the application for joinder is res judicata

Holding

Yes. The joinder issue was conclusively determined in the ruling of 6th March 2025, which remains unimpeached, so the second prayer is barred by Section 7 of the Civil Procedure Act.

Reasoning

Applying the settled test from Bernard Mugo Ndegwa v James Nderitu Githae and John Florence Maritime Services, the court found the matter in issue (joinder of the Intended Interested Party) had been directly and substantially in issue in the 29th April 2024 application, disposed of in the ruling of 6th March 2025, and never set aside, reviewed or overturned on appeal. Allowing it again would amount to impermissible re-litigation.

p. 8

Legal principles established

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  • Section 80 of the Civil Procedure Act donates the substantive power to review, while Order 45 of the Civil Procedure Rules defines the jurisdictional grounds: discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason
  • An error apparent on the face of the record must be self-evident and not require elaborate argument or a long drawn process of reasoning; a challenge to the merits or a misconstruction of law is a ground for appeal, not review
  • A matter already squarely raised and conclusively determined in a ruling that has not been set aside, reviewed or overturned on appeal cannot be re-litigated; the doctrine of res judicata applies

Court orders

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  1. 1.The application dated 18th March 2025 by the Applicant/Intended Interested Party is dismissed with costs
Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kiritu & another v Milele Ventures Ltd & another (Civil Case ELC 414 & ELC 415 of 2010 (Consolidated)) [2025] KEELC 7007 (KLR)", Case Analysis (2025). Intended Interested Party's Notice of Motion dated 18th March 2025 (arising from suits decreed by L.N. Gacheru, J on 25th February 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7007/eng@2025-10-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.