Teja & 5 others v Munga & 12 others (Environment & Land Case 62 & 109 of 2013 (Consolidated)) [2025] KEELC 334 (KLR)
The bottom line
#The court refused to review its earlier ruling, confirming that disagreeing with a judgment is grounds for appeal, not review.
What this practically means
#Executive summary
#Key legal issues
#Whether the judgment of 1st November 2023 contained an error apparent on the face of the record warranting review
No error apparent on the face of the record was established; the applicants' complaints were perceived errors of law or dissatisfaction with the court's discretion, which are grounds of appeal.
The court applied the tests in National Bank of Kenya v Ndungu Njau and Nyamogo & Nyamogo v Kogo: an error apparent on the face of the record must be self-evident and not require elaborate argument. The applicants were merely asking the court to reverse its own decision because they believed it should have reached a different conclusion, which is a matter for appeal, not review.
Whether the court should order forensic examination of the death certificate of Haiderali Popat Teja
The application for forensic investigation failed together with the dismissed motion.
Having found that the review threshold was not met and that the underlying grievance was a dissatisfaction with the judgment amenable to appeal, the court found no reasonable basis to accede to the prayer for forensic examination of the death certificate, and dismissed the entire application with costs to the applicants.
Legal principles established
#- Review jurisdiction is limited and does not extend to a complaint that the court would have reached a different decision on the evidence; such dissatisfaction is a ground of appeal, not review.
- A court cannot sit on appeal over its own decision in the guise of review.
Court orders
#- 1.The Notice of Motion dated 14th February 2024 is dismissed.
- 2.The applicants to bear their own costs.
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A, 63(e), 80, 95, 100 of the Civil Procedure Act; Order 42 Rule 6(2) & (3), Order 45, Order 50, Order 51 of the Civil Procedure Rules; sections 3 & 13(7) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Teja & 5 others v Munga & 12 others (Environment & Land Case 62 & 109 of 2013 (Consolidated)) [2025] KEELC 334 (KLR)", Case Analysis (2025). ELC No. 109 of 2013 (Consolidated with ELC No. 62 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/334/eng@2025-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.