Mbugua & another v Muraya & 2 others (Environment & Land Case 367 of 2012) [2022] KEELC 2528 (KLR)
The bottom line
#The Environment and Land Court refused to review its damages award, confirming that disputing how much was awarded means appealing, not asking the same judge to reconsider.
What this practically means
#Executive summary
#Key legal issues
#Whether the failure to award special damages of Kshs. 30,000,000/- was an error apparent on the face of the record
No - the court was alive to and consciously considered the claim; the decision on quantum is a matter for appeal, not review
The court examined the excerpt of the original judgment and found that the trial judge had applied his mind to the Kshs. 30,000,000/- claim but deliberately awarded general damages of Kshs. 10,000,000/- for loss of bargain instead. Authorities cited establish that an erroneous conclusion of law or evidence, however arguable, is a ground of appeal; review lies only for self-evident errors requiring no elaborate argument. The applicants were inviting the court to reconsider its substantive decision on damages, which is impermissible.
Legal principles established
#- A conscious judicial decision on a contested award of damages, even if legally erroneous, is a ground of appeal and not a ground of review; allowing review would amount to the judge sitting in appeal on his own judgment
- An applicant for review must establish discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason, and must apply without unreasonable delay
Court orders
#- 1.The application dated 14th December 2020 seeking review of the judgment delivered on 24th September 2020 is dismissed
- 2.Costs of the application awarded to the 2nd defendant
- Jurisdiction invoked
- Sections 3A and 80 of the Civil Procedure Act and Order 45 Rules 1, 2, 3, 4 and 5 and Order 50 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbugua & another v Muraya & 2 others (Environment & Land Case 367 of 2012) [2022] KEELC 2528 (KLR)", Case Analysis (2022). Notice of Motion dated 14th December 2020 in ELC Suit (judgment of 24th September 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2528/eng@2022-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.