Ramadhan Mohamed Ali v Hashim Salim Ghanim [2016] KECA 609 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that Business Premises Rent Tribunal disputes end at the High Court — there is no second appeal, so build your case from day one.
What this practically means
#Executive summary
#Key legal issues
#Distinction between jurisdiction of the Court of Appeal and a litigant's right of appeal
Article 164(3) of the Constitution grants the Court of Appeal jurisdiction to hear appeals from the High Court, but does not confer a right of appeal on every aggrieved litigant; the right of appeal must exist independently, conferred or limited by statute.
The Court distinguished jurisdiction (conferred on the court) from the right of appeal (granted to the litigant). Article 164(3) addresses the Court's jurisdiction; it is not an automatic thoroughfare to the Court of Appeal. Section 15(4) of cap 301 makes the High Court's decision final, and the Constitution does not invalidate such a limitation under Article 2(4). The line of Court of Appeal authority, including five-judge benches, supports this view.
Whether the appellant's rights of access to justice and fair trial were violated by the absence of a second appeal
No violation arose: the appellant was heard by the Tribunal and exercised his right of appeal to the High Court; absence of a further appeal does not breach access to justice or fair hearing rights.
The Court held it would stretch imagination to find a violation where the appellant had a full hearing before the Tribunal and a first appeal to the High Court which he exercised. The statutory closure of further appeals does not offend the rights of access to justice or fair trial.
Legal principles established
#- Article 164(3) of the Constitution confers jurisdiction on the Court of Appeal to hear appeals from the High Court, but does not of itself create a right of appeal in a litigant; a right of appeal must be conferred by statute and may be limited by statute.
- There is no right of second appeal to the Court of Appeal from the High Court's decision on appeal from the Business Premises Rent Tribunal under section 15(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Court orders
#- 1.The appeal is struck out with costs to the respondent
- On appeal from
- High Court at Mombasa
- HCCA No. 32 of 2013
- Jurisdiction invoked
- Article 164(3) of the Constitution (raised on the question whether a right of second appeal exists under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, cap 301, s 15(4))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ramadhan Mohamed Ali v Hashim Salim Ghanim [2016] KECA 609 (KLR)", Case Analysis (2016). Civil Appeal No. 64 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2016/609/eng@2016-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.