Ngeno v Mosonik (Environment and Land Appeal E001 of 2022) [2025] KEELC 1189 (KLR)
The bottom line
#A Kericho land court refused to change its costs decision on review, confirming that unhappy parties must appeal, not ask the judge to rethink.
What this practically means
#Executive summary
#Key legal issues
#Whether the judgment of 16th May 2024 contained an error apparent on the face of the record justifying review of the costs order
No. The applicant's complaint was that the judgment was erroneous in awarding costs to the Appellant/Respondent despite the applicant having succeeded at trial; that is a ground of appeal, not review.
The court reiterated that 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. Citing the Supreme Court in Outa v Okello and the Court of Appeal in Muyodi v ICDC, it held that an error apparent must be self-evident, not one requiring reasoning. The applicant's assertion that counsel was told costs were awarded to him was contradicted by the court record showing counsel was absent ('N/A for the Respondent') when judgment was delivered online. Re-appraisal of the evidence to determine entitlement to costs is beyond review jurisdiction.
Legal principles established
#- An error apparent on the face of the record warranting review must be self-evident and not require elaborate arguments or a long-drawn process of reasoning to establish.
- A party who contends that a court's decision was erroneous must pursue an appeal, not review; the slip rule cannot be used to make a court sit on appeal over its own judgment.
Court orders
#- 1.The Respondent/Applicant's Notice of Motion application dated 22nd May 2024 is dismissed with costs
- 2.It is so ordered
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 80, 99 & 100 of the Civil Procedure Act and Order 45 & Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngeno v Mosonik (Environment and Land Appeal E001 of 2022) [2025] KEELC 1189 (KLR)", Case Analysis (2025). Kericho Environment and Land Case (appeal from Kericho CMCC) - not stated in full in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1189/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.