Landbank Real Estate Investment Trust Limited v Sichuan Huashi Enterprises Corporation East Africa Limited (Civil Appeal (Application) 270 ‘A’ of 2015) (Civ) [2020] KECA 850 (KLR)
The bottom line
#Kenya's Court of Appeal refused to review its own injunction decision, confirming reviews are only allowed for clerical errors, fraud, or other rare exceptional circumstances.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court of Appeal can review its own decision and on what grounds
The Court can review its own decision only in narrow circumstances: clerical or arithmetical mistakes under rule 35 (the slip rule), or the exceptional grounds identified by the Supreme Court in Manchester Outfitters, including per incuriam decisions and judgments obtained by fraud or deceit.
Article 164(3) and section 3 of the Appellate Jurisdiction Act confine the Court to appeals, with rule 35 permitting correction only of clerical or arithmetical mistakes or accidental slips. The Supreme Court in Manchester Outfitters, applying Jasbir Singh Rai and Fredrick Otieno Outa, expanded review only to situations meeting the ends of justice, such as per incuriam decisions or judgments that are nullities. Substantive disagreements about whether a contract crystallised are matters for the trial court, not review.
Whether the applicant's grounds - errors of law and fact on the face of the record and the alleged existence of a contract - warrant review
They do not. The alleged errors are not clerical or arithmetical, nor was the judgment tainted by fraud, deceit, incompetence, consent mistaken belief, a repealed law or concealed statutory provision.
The applicant argues that acceptance of the tender created a valid contract so no prima facie case existed. The respondent denies a contract because the bid was subject to contract. The Court held these are contested merits issues pending before the trial court; a party cannot use a review application to have the Court sit on appeal over its own interlocutory decision or re-argue the merits.
Legal principles established
#- The Court of Appeal's jurisdiction is limited to hearing and determining appeals; reviews of its own orders or judgments lie only in specific circumstances - under the slip rule for clerical or arithmetical errors, and, per the Supreme Court in Manchester Outfitters, limited exceptional circumstances such as per incuriam decisions, conflicting past decisions, or judgments obtained by fraud, deceit or nullity
Court orders
#- 1.The motion for review dated 24th July 2017 is dismissed
- 2.Costs to the respondent
- On appeal from
- Court of Appeal
- HCCC No. 381 of 2015
- Jurisdiction invoked
- Article 164(3) of the Constitution; Section 3 of the Appellate Jurisdiction Act; rules 35(1) and 57(1) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Landbank Real Estate Investment Trust Limited v Sichuan Huashi Enterprises Corporation East Africa Limited (Civil Appeal (Application) 270 ‘A’ of 2015) (Civ) [2020] KECA 850 (KLR)", Case Analysis (2020). Civil Appeal (Application) No. 270 'A' of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/850/eng@2020-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.