Moko & 2 others v Ngala (Environment and Land Appeal 1 of 2018) [2022] KEELC 3874 (KLR)
The bottom line
#The High Court dismissed a request to review its earlier ruling because the applicants raised appeal-type complaints and filed over a year late.
What this practically means
#Executive summary
#Key legal issues
#Whether the ruling of May 29, 2020 ought to be reviewed and set aside
The application fails: no discovery of new and important matter, no error apparent on the face of the record, no sufficient reason, and the application was brought after an unexplained delay of one and a half years
The court restated the four requirements for review under section 80 of the Civil Procedure Act and order 45 rule 1. The applicants did not identify any new evidence or pinpoint any error apparent on the face of the record; their complaints that the court misapplied the law amount to grounds of appeal. The application filed about one and a half years after the ruling without explanation also breached the requirement of no unreasonable delay.
Whether a court's misapprehension or misapplication of the law constitutes a ground for review
No - it is a ground for appeal; allowing review on such grounds would circumvent the appellate jurisdiction of courts that are functus officio
Relying on Abasi Belinda and Pancras T Swai, the court held that faulting a decision on a point of law is for appeal. Review courts cannot sit on appeal over their own orders, and permitting review for legal error would expose decisions to attack before courts without appellate jurisdiction.
Legal principles established
#- An erroneous view of evidence or law is a ground for appeal, not a ground for review
- An error apparent on the face of the record must be obvious and self-evident, not requiring elaborate argument
- Unexplained inordinate delay defeats an application for review
Court orders
#- 1.The notice of motion dated July 5, 2021 seeking review of the ruling of May 29, 2020 is dismissed
- 2.Costs of the application to the respondent
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; order 22 rule 22, order 45 and order 51 of the Civil Procedure Rules, 2010; section 80 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moko & 2 others v Ngala (Environment and Land Appeal 1 of 2018) [2022] KEELC 3874 (KLR)", Case Analysis (2022). Not stated in judgment (application dated July 5, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3874/eng@2022-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.