Darby (Suing for and on behalf of Ashbourne Properties Limited) v Thegeya & another (Environment & Land Case 365 of 2015) [2023] KEELC 656 (KLR)
The bottom line
#A Kenyan court partially reviewed its own land judgment, setting aside two orders but refusing to disturb the costs award.
What this practically means
#Executive summary
#Key legal issues
#Whether the grounds presented qualified for review under section 80 of the Civil Procedure Act and Order 45 rule 1
The application succeeded only in relation to prayers (b) and (c) of the judgment, which were erroneously pronounced although the plaintiff had abandoned them; the costs order was not reviewable.
The court applied the settled three-limb test for review: discovery of new matter, error apparent on the face of the record, or other sufficient reason, brought without undue delay. It found the plaintiff had abandoned prayers 2 and 3 of the plaint, so pronouncing orders (b) and (c) was a self-evident error. However, the order on costs rested on undisputed evidence and any challenge would require elaborate argument, exceeding the narrow scope of review. The 49-day delay was held not undue.
Legal principles established
#- Review is confined to correcting patent errors apparent on the face of the record; re-appraisal of evidence amounts to impermissible appellate jurisdiction.
- An error requiring lengthy or elaborate argument to establish is not an error apparent on the face of the record.
Court orders
#- 1.The orders no (b) and (c) of this honorable court made on May 11, 2022 be and is hereby reviewed and set aside.
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Darby (Suing for and on behalf of Ashbourne Properties Limited) v Thegeya & another (Environment & Land Case 365 of 2015) [2023] KEELC 656 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/656/eng@2023-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.