Kenya Commercial Bank Limited v Benjoh Amalgamated Limited & another [2015] KECA 451 (KLR)
The bottom line
#Kenya's Court of Appeal struck out KCB's opponent's appeal, confirming you can only appeal a court ruling that directly harms your own rights.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellant had locus standi to appeal a ruling concerning only Muiri Coffee Estate Limited
The appellant was not an aggrieved party and therefore lacked locus standi; without a donated right of appeal the Court had no jurisdiction to hear the appeal
The impugned ruling of 14th May 2009 related solely to Muiri Coffee Estate Limited, which was not a party to the appeal. Applying the aggrieved-party test from foreign and domestic authority, the court held that only a party whose rights are directly and injuriously affected may appeal. The right of appeal must be expressly donated by the Constitution, statute or other law; lacking it, the appellant cannot invoke Article 159(2)(d) to cure the defect, and the court must down its tools.
Whether the record of appeal was incompetent for omission of primary documents
Not determined, because the lack of locus standi dispositive issue meant the court did not reach the second issue
The court expressly stated it would not delve into the competence of the record if it found the appellant had no locus standi. Having found no locus standi and hence no jurisdiction, the record-completeness question under Rules 85(1)(f), 85(1)(d) and 85(3) was left undecided, and the appeal record was struck out on the jurisdictional ground alone.
Legal principles established
#- A party aggrieved by a ruling must be one whose rights have been directly and injuriously affected; a party not affected by a ruling has no right of appeal, and absent a donated right of appeal the Court of Appeal lacks jurisdiction
- The wide public-interest approach to locus standi does not apply to suits concerning private rights between private citizens
- Where an appellant lacks the requisite right to appeal, the court must immediately abandon the matter for want of jurisdiction
Court orders
#- 1.The two notices of motion dated 24th July, 2009 and 27th July, 2009 are allowed
- 2.The record of appeal in respect of CA No. 134 of 2009, filed on 29th June, 2009, is struck out with costs to the applicant/1st respondent and the 2nd respondent
- On appeal from
- High Court of Kenya at Nairobi
- HCCC No. 494 of 2008
- Jurisdiction invoked
- Appellate Jurisdiction Act, Cap 9, section 3(1) - the Court of Appeal may hear appeals from the High Court only where an appeal lies under any law; the right to appeal must be expressly donated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Commercial Bank Limited v Benjoh Amalgamated Limited & another [2015] KECA 451 (KLR)", Case Analysis (2015). Civil Appeal (Application) No. 134 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/451/eng@2015-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.