Ronoh v Kiplagat (Environment and Land Appeal E010 of 2022) [2024] KEELC 89 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that wanting a different judgment outcome is grounds for appeal, not review.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial court erred in dismissing the appellant's application for review of the judgment of 26th October, 2021
The appeal was dismissed; the trial court had reached a reasonable conclusion based on the application and supporting documents, and the appellant failed to meet the conditions for review under Section 80 and Order 45 Rule 1
The court set out the statutory grounds for review and the principles from Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya, including that an error apparent on the face of the record must be self-evident and that mere discovery of new evidence is insufficient without due diligence. The court found the appellant's dissatisfaction with the judgment and allegations of forgery of the sale agreement were matters for appeal, not review, and that any invitation to reverse the trial court's findings would amount to an appeal on the determination.
Legal principles established
#- On a first appeal the appellate court is entitled to revisit the evidence on record, evaluate it and arrive at its own conclusion, but will not interfere with findings of fact unless based on no evidence, on a misapprehension of it, or on wrong principles
- Review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 is confined to discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, and must be made without unreasonable delay
- A party's dissatisfaction with a court's conclusion or a belief that the decision was erroneous is a ground for appeal, not review
Court orders
#- 1.The memorandum of appeal dated 23rd November, 2022 is dismissed with costs to the respondent
- On appeal from
- Magistrates' Court (trial court, Hon S. M. Mungai)
- not stated
- Jurisdiction invoked
- First appeal from the ruling of the trial magistrate on an application for review under 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, "Ronoh v Kiplagat (Environment and Land Appeal E010 of 2022) [2024] KEELC 89 (KLR)", Case Analysis (2024). memorandum of appeal dated 23rd November, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/89/eng@2024-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.