Kenyariri v Double Win Company Limited & 3 others (Environment and Land Case E288 of 2022) [2025] KEELC 5967 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established sufficient grounds for review of the ruling of 20th March 2025 under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules
The application failed; there was no error apparent on the face of the record, and the applicant was attempting to relitigate matters raised in a prior application and should have appealed instead
The court adopted the test that an error apparent on the face of the record must be self-evident and detectable without long debate or elaborate reasoning. The applicant's complaint about the title number in the discharge of charge required examination and argument, and the 4th defendant's response and annexures answered the question. The applicant sought a different conclusion in his favour, which would amount to sitting in appeal over the ruling; his remedy was an appeal.
Legal principles established
#- An error apparent on the face of the record must be self-evident and require no elaborate reasoning or argument to establish
- Review proceedings are not an appeal; a court cannot sit in appeal over its own judgment or re-appraise evidence under the guise of review
Court orders
#- 1.The notice of motion dated 21st March, 2025 is dismissed with costs to the defendants/respondents
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rule 1 and Order 51 Rule (1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenyariri v Double Win Company Limited & 3 others (Environment and Land Case E288 of 2022) [2025] KEELC 5967 (KLR)", Case Analysis (2025). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5967/eng@2025-08-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.