Jimale v Salat & 2 others
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether to review the Court's judgment delivered on 29th July 2022 and adopt the consent dated 1st August 2022 as an order of the Court
Key legal issues
#Review of the Court's own judgment by consent
The Court allowed the unopposed review application and adopted the parties' consent as its order, marking the appeal as finalized.
The application came up for review of the Court's judgment of 29th July 2022. Counsel were heard, a consent dated 1st August 2022 was placed before the Court, and there was no opposition. On that basis the Court granted the orders sought and adopted the consent, concluding the appeal.
Legal principles established
#- A consent recorded between parties, unopposed, may be adopted by the Court of Appeal as an order of the Court, thereby finalizing the appeal.
Court orders
#- 1.The application for review is allowed and the orders sought are granted
- 2.The consent dated 1st August 2022 is adopted as an order of the Court
- 3.The appeal is marked as duly finalized
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.A. No. E499 of 2022
- Jurisdiction invoked
- Inherent review power of the Court of Appeal over its own orders; application for review of the Court's judgment of 29th July 2022
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Upon reading the consent dated 1st August, 2022 and hearing counsel, and there being no opposition to the said application, we hereby allow the application and grant the orders as sought and adopt the said consent as an order of this Court.
Consequently, this appeal is hereby marked as duly nalized.
Issues in the judgment
#The word 'finalized' is corrupted in the text, appearing as 'duly nalized'.
The signature block styles Musinga as '(P)' while the coram lists all three judges as JJA.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jimale v Salat & 2 others", Case Analysis (2022). Civil Appeal (Application) E470 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/972/eng@2022-08-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.