Jedida Wambui Karanja & another Legal representatives of Mary Njoki Karanja (Deceased) v Esther Njoki Ndirangu & another Legal representatives of Peter Ndirangu Kinuthia (Deceased) [2020] KECA 646 (KLR)
The bottom line
#Kenya's Court of Appeal refused to reopen its own judgment, confirming that review is only for exceptional cases, not parties unhappy with the outcome.
What this practically means
#Executive summary
#Key legal issues
#Scope of the Court of Appeal's residual jurisdiction to review its own judgments
The review jurisdiction is exceptional, to be exercised only where the need to obviate injustice outweighs the principle of finality in litigation; dissatisfaction with the merits does not qualify.
The Court reaffirmed its earlier decisions that it is clothed with a residual power to reopen a concluded matter in the interest of justice, but that power is circumscribed. The applicants' grounds re-agitated issues already considered and determined on the merits in the 8th February 2019 judgment, such as res judicata and the alleged fraudulent creation of the title, without advancing anything exceptional. Inviting the Court to reconsider the merits is in substance an appeal from its own judgment, which the Court cannot entertain.
Legal principles established
#- The Court of Appeal's jurisdiction to review its own judgments is exceptional and will be exercised only in exceptional situations where the need to obviate injustice outweighs the principle of finality in litigation; a party merely dissatisfied with the judgment cannot invoke it.
- A party cannot invite the Court of Appeal to sit on appeal from its own concluded judgment; the review jurisdiction is to be exercised sparingly and with circumspection.
Court orders
#- 1.The application for review of the judgment dated 8th February 2019 is dismissed
- 2.Costs of the application awarded to the respondents
- On appeal from
- Court of Appeal (Kiage, M'Inoti & Murgor, JJ.A)
- CA No. 36 of 2017
- Jurisdiction invoked
- Inherent residual jurisdiction of the Court of Appeal to review its own judgments
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jedida Wambui Karanja & another Legal representatives of Mary Njoki Karanja (Deceased) v Esther Njoki Ndirangu & another Legal representatives of Peter Ndirangu Kinuthia (Deceased) [2020] KECA 646 (KLR)", Case Analysis (2020). Civil Appeal (Application) No. 61 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/646/eng@2020-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.