Wamucii v Njenga & 2 others (Environment & Land Case 598 of 2010) [2021] KEELC 4781 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the court was functus officio and lacked jurisdiction to review its own judgment
The court retains power to review its own judgment under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, so the preliminary objection on jurisdiction failed; however, the review jurisdiction could not be exercised to re-open the case.
The court held that its power to review its own judgment is donated by Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, so it was not wholly deprived of jurisdiction as contended in the preliminary objection. That objection was therefore dismissed. The limits of the jurisdiction were instead addressed on the merits, since the grounds for review are strictly restricted and must be made without undue delay.
Whether the Plaintiff demonstrated 'other sufficient reason' for review under Order 45 Rule 1
No sufficient reason was shown; the complaint amounted to the Defendants' breach of a consent, which was a matter for enforcement or appeal, not review.
The Plaintiff sought review almost a year after judgment, prompted only by the Defendants' failure to comply with the consent of 18/03/2019 recording stay terms. Her grievance was non-compliance with that consent while the appeal was pending before the Court of Appeal. Reviewing the judgment to determine the status of the charge at hearing would amount to re-opening the case, barred by functus officio. The proper course was enforcement of the consent, not review.
Legal principles established
#- A court that has pronounced judgment cannot invoke its review jurisdiction to re-open the case; review is barred by the functus officio doctrine where the relief sought would require re-opening the matter already pending on appeal.
Court orders
#- 1.The preliminary objection dated 17/07/2020 is dismissed
- 2.The application dated 11/11/2019 is dismissed
- 3.Each party will bear its own costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wamucii v Njenga & 2 others (Environment & Land Case 598 of 2010) [2021] KEELC 4781 (KLR)", Case Analysis (2021). Not stated in the judgment extract (original suit number not given). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4781/eng@2021-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.