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Court of AppealDismissedSecond Appeal from High Court Civil Appeal No 14 of 1986

Richard Saidi v Sembi Motors [1987] KECA 29 (KLR)

Court of Appeal of Kenya
30 November 1987
PLPlattAPApalooMAMasime
488 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed it only hears second appeals on questions of law, and rejected amending a plaint after judgment.

What this practically means

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Executive summary

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The appellant sued Sembi Motors in the resident magistrate's court at Kakamega in November 1983. After a defended hearing the trial magistrate dismissed the suit with costs, finding the appellant had failed to prove his case on a balance of probabilities. The appellant then applied to the trial court for leave to amend his plaint and for review of the judgment; both applications were dismissed in rulings delivered on January 21, 1986. His appeal to the High Court at Kakamega (Civil Appeal No 14 of 1986) was dismissed by Aganyanya, J on June 11, 1986, who held it would not be legally proper to amend a plaint after trial and judgment and that the review application had no merits. The appellant then filed a second appeal to the Court of Appeal, complaining that the first appellate court erred in upholding both dismissals and in failing to find that the case ought not to have been tried at Kakamega. The Court noted that a related transfer application, Kisumu Misc CC No 28 of 1984, had already been dismissed by Schofield, J as having no reasonable basis. Responding to the appellant's submissions, counsel for the respondent reiterated that on a second appeal the appellant must show an error of law. The Court, composed of Platt, Apaloo and Masime (Ag JA), found no such error and dismissed the appeal with costs on November 30, 1987. The judgment affirms that second appeals lie only on issues of law and that post-judgment amendment of a plaint is improper.

Key legal issues

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01

Scope of a second appeal

Holding

A second appeal is confined to issues of law; no error of law having been shown, the appeal fails

Reasoning

The Court of Appeal noted that as a second appellate court it could only entertain issues of law. The respondent's counsel rightly stated that an appellant on second appeal must demonstrate that an error of law was committed by the court below. Upon considering the proceedings of both lower courts and hearing submissions, the Court could find no such error of law, and the appeal was accordingly dismissed with costs.

p. 2
02

Amendment of plaint after judgment

Holding

It is not legally proper to allow a plaint to be amended after the suit has been tried and judgment delivered

Reasoning

The first appellate court had held that allowing amendment after trial and judgment would be legally improper, and the High Court decision on this point was upheld on second appeal. The trial court had dismissed the suit after finding the appellant had failed to prove his case on a balance of probabilities.

p. 2

Legal principles established

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  • On a second appeal the Court of Appeal will only entertain issues of law, and the appellant must demonstrate an error of law by the lower court

Court orders

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  1. 1.Appeal dismissed with costs
On appeal from
High Court at Kakamega
Civil Appeal No 14 of 1986
Jurisdiction invoked
Second appeal limited to matters of law

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, "Richard Saidi v Sembi Motors [1987] KECA 29 (KLR)", Case Analysis (1987). Second Appeal from High Court Civil Appeal No 14 of 1986. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1987/29/eng@1987-11-30

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