Dhanjal Investments Limited v Cosmos Holidays PLC
The bottom line
#Supreme Court shuts down hotel's bid to reopen settled foreign judgment dispute.
What this practically means
#A Kenyan hotel tried to appeal a UK court judgment registered in Kenya, arguing it raised issues of general public importance. The Supreme Court disagreed, saying the case was about the specific contract between the hotel and a UK tour operator, not a broad legal question affecting the public. The Court warned that certification to appeal is not a chance to relitigate a case or add an extra appeal layer. The hotel must pay the tour operator's legal costs.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the intended appeal raises matters of general public importance warranting certification under Article 163(4)(a) of the Constitution.
Key legal issues
#Whether the intended appeal raises matters of general public importance under Article 163(4)(a) of the Constitution.
The intended appeal does not raise matters of general public importance because the issues raised are specific to the parties and do not transcend the circumstances of the case, nor do they result in any uncertainty or contradiction in the law.
The Supreme Court applied the settled criteria from Hermanus Phillipus Steyn v. Giovanni Gnechhi-Ruscone and other cases. It found that the High Court and Court of Appeal had correctly determined that the English judgment did not involve exemplary, punitive, or multiple damages, thus excluding Section 3(3)(b) of the Foreign Judgments (Reciprocal Enforcement) Act. The claim was contractual, not for personal injuries, so Section 4(1)(i) did not apply. The applicant had voluntarily submitted to the English court's jurisdiction and fully participated in those proceedings. The evidentiary matters were specific to the parties and not of general public importance.
Legal principles established
#- A matter of general public importance must affect the public interest beyond the specific parties in the case.
- Certification to appeal to the Supreme Court is not an extra appeal stage or a way to continue litigation.
- A foreign judgment for contractual damages does not automatically involve exemplary or punitive damages under Kenyan law.
- Voluntarily participating in foreign court proceedings can waive objections to that court's jurisdiction.
- The Supreme Court will not certify an appeal that raises only factual disputes specific to the parties.
Court orders
#- 1.The Application dated 3rd June 2020 is hereby dismissed.
- 2.The Applicant shall bear the costs of the application.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal of Kenya
- Civil Appeal No. 317 of 2013
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution of Kenya, 2010 (certification of matter of general public importance)
Relief refused
#Certification that the intended appeal involves matters of general public importance
The matter does not warrant a substantial point of law to be determined by this Court that would be relevant to general public interest as it does not result in any uncertainty, neither is it contradictory.
Costs
The Applicant shall bear the costs of the application.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Application dated 3rd June 2020 is hereby dismissed.
for an intended appeal to qualify as a matter of general public importance, it must be one, the determination of which transcends the circumstances of the particular case and has a significant bearing on the public interest.
the opportunity to invoke the jurisdiction of this Court that a matter involves issues of public importance is not an opportunity for parties to continue litigation nor does it present an extra tier of appeal from the Court of Appeal.
Key timeline
#Practical implications
#Limit certification arguments to public impact
When seeking Supreme Court certification under Article 163(4)(a), focus on how the legal issue affects the public broadly, not just your client. Avoid rearguing case-specific facts. The Court will dismiss applications that merely challenge factual findings or seek a third appeal. Cite the Hermanus Steyn criteria clearly and show how the lower courts created uncertainty or contradiction in the law.
Foreign judgments are enforceable in Kenya
If you voluntarily participate in a foreign lawsuit and lose, that judgment can be registered and enforced in Kenya under the Foreign Judgments Act. You cannot later challenge the foreign court's jurisdiction if you already defended the case abroad. To avoid this, consider whether to submit to foreign jurisdiction before engaging in litigation. Once you do, Kenyan courts will likely uphold the judgment.
Supreme Court won't reopen your case
The Supreme Court only hears cases that affect the general public, not just your personal dispute. If you lose in the Court of Appeal, you cannot automatically appeal to the Supreme Court. You must first get certification that your case raises a broad legal question. Without that, the Supreme Court will not hear you, and you must accept the lower court's decision.
Frequently asked questions
#Can I appeal a Court of Appeal decision to the Supreme Court in Kenya?+
Not automatically. You must first apply for certification that your case involves a matter of general public importance. The Supreme Court will only hear appeals that affect the public interest broadly, not just your personal dispute. If certification is denied, the Court of Appeal decision is final.
What is a matter of general public importance in Kenya?+
It is a legal issue that goes beyond the specific parties in a case and has a significant impact on the public interest. For example, a question about the interpretation of the Constitution or a law that creates uncertainty or contradiction in the legal system. The Supreme Court decides if your case meets this standard.
Can a UK court judgment be enforced in Kenya?+
Yes, under the Foreign Judgments (Reciprocal Enforcement) Act, a UK judgment can be registered and enforced in Kenya if it meets certain conditions. The judgment must be final and conclusive, and the foreign court must have had proper jurisdiction. If you participated in the UK case, you likely accepted that court's jurisdiction.
What happens if I lose a case in the Court of Appeal in Kenya?+
You can apply to the Court of Appeal or the Supreme Court for certification to appeal to the Supreme Court. If certification is denied, the Court of Appeal decision is final and binding. You cannot appeal further. The Supreme Court only hears cases that raise issues of general public importance, not routine disputes.
Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ereng v Swisscom Logistics Ltd (Civil Application E435 of 2024) [2026] KECA 1589 (KLR)[2026] KECA 1589 (KLR)31 Jul 2026applied
Cite this brief
#Cite this brief
Caselaw, "Dhanjal Investments Limited v Cosmos Holidays PLC", Case Analysis (2021). Application 12 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/53/eng@2021-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.