Mugumoini Farmers Co Ltd v Inshwil Builders Engineering Ltd; Ruitha & another (Interested Parties) (Environment and Land Case 67 of 2018) [2025] KEELC 6624 (KLR)
The bottom line
#A Kenyan court ruled that once you appeal a judgment, you lose the right to ask for a review, even if you later withdraw the appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether withdrawal of an appeal revives the right to seek review
No; once an appeal is filed, the right to review is lost, and withdrawal of the appeal does not restore it
Order 45 rule 1(a) and (b) of the Civil Procedure Rules confers review only where no appeal has been preferred. The plaintiff filed Nyeri Appeal No. 155/2022 against the judgment and later withdrew it. The court found no precedent ousting the clear statutory bar and held review unavailable.
Whether the newly discovered evidence met the threshold for review
It did not; the documents were obtainable at filing and the court had already made findings on the very issue
The suit was filed in 2018 yet the plaintiff sought to introduce 2003 company records and 1994/2017 proceedings obtained in 2025 without clear and convincing reasons. Order 3 rule 2 requires documents relied on to accompany the suit, and the evidence addressed a matter on which the court had already made findings.
Whether an error apparent on the face of the record existed
The ground was not raised in the motion or supporting affidavit and could not be entertained
Although raised for the first time in written submissions, the ground of error apparent on the face of the record was absent from the motion's grounds and supporting affidavit, and the court declined to consider it.
Legal principles established
#- Once a party prefers an appeal against a judgment or order, that party loses the right to seek review of the same judgment or order
- A party filing a suit must have all supporting evidence ready at the time of filing, and withdrawal of an appeal does not revive a right of review
Court orders
#- 1.The notice of motion dated 23-4-2025 is dismissed
- 2.Costs of the motion awarded to the Defendants and the interested parties
- On appeal from
- Court of Appeal
- Nyeri Civil Appeal No. 155/2022 (also referred to as No.158 of 2022)
- Jurisdiction invoked
- Articles 2, 10, 47, 159(2)(d) of the Constitution of Kenya 2010; Sections 11 of the Fair Administrative Action Act; Sections 1A, 1B and 80 of the Civil Procedure Act; Order 45(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mugumoini Farmers Co Ltd v Inshwil Builders Engineering Ltd; Ruitha & another (Interested Parties) (Environment and Land Case 67 of 2018) [2025] KEELC 6624 (KLR)", Case Analysis (2025). Notice of motion dated 23-4-2025 (judgment delivered 29-9-2022 in the principal suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6624/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.