Namu & another v Njue & another
The bottom line
#The Environment and Land Court in Embu refused to reopen a land judgment, confirming that being unhappy with a ruling is not a reason for review.
What this practically means
#Executive summary
#Key legal issues
#Whether dissatisfaction with a judgment and continued residence on the suit land constitute sufficient grounds for review
No; the grounds are neither analogous to nor within the grounds in Order 45 rule 1, and no new matter or error apparent on the record was shown
Section 80 of the Civil Procedure Act and Order 45 rule 1(1) confine review to discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason analogous to those grounds. The applicants' stated grounds - dissatisfaction with the judgment and residence on the land - are neither analogous nor related. The suit went through full litigation with all parties participating, so there is no justification to revisit the judgment.
Whether the court, having delivered judgment, retains power to revisit the matter
No; the court becomes functus officio upon passing judgment, and the remedy for dissatisfaction is appeal
The court restated the general principle that after delivering judgment it cannot revisit the matter or exercise judicial power over it. A party aggrieved by the judgment should file an appeal; review is not a substitute for appeal and is unavailable to one merely dissatisfied with the outcome.
Legal principles established
#- 'Any other sufficient reason' for review must be analogous to the enumerated grounds of discovery of new matter or error apparent on the face of the record
- A court becomes functus officio after passing judgment and cannot revisit the judgment; a dissatisfied party's remedy is an appeal, not review
- Review is not available to a party merely dissatisfied with a judgment
Court orders
#- 1.The notice of motion application seeking review and setting aside of the judgment of October 19, 2022 is dismissed
- 2.Costs of the application awarded to the respondents
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules, 2010 (review jurisdiction of the court which passed the decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Namu & another v Njue & another", Case Analysis (2023). Environment and Land Case Civil Suit 55 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21497/eng@2023-11-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.