Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Supreme CourtDismissedCivil Application E026 of 2024

Mombasa Cement Limited v Ramji & 3 others

Supreme Court of Kenya
14 March 2025
2,361 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

Supreme Court says fraud claims about land must be proven with evidence, not just alleged.

What this practically means

#

Mombasa Cement wanted to appeal a land dispute to the Supreme Court, arguing the Court of Appeal ignored fraud and violated their rights. The Supreme Court refused, saying the issues were specific to that property, not matters of general public importance. Fraud must be proven with clear evidence, and a mere feeling of injustice is not enough for a Supreme Court appeal.

Executive summary

#
This was an application by Mombasa Cement Limited seeking review of the Court of Appeal's decision of 20 September 2024, which declined to certify the intended appeal against its judgment in Nairobi Civil Appeal No.590 of 2019 as raising matters of general public importance. The underlying dispute concerned ownership of land parcel LR No.11895/50. The applicant argued that the Court of Appeal's judgment contradicted the Supreme Court's decision in Dina Management Limited v County Government of Mombasa & 5 others and that the Court of Appeal failed to consider evidence of fraud in the transfer deed. The applicant also contended that the Court of Appeal violated its right to a fair hearing under Article 50 of the Constitution. The respondents opposed the application, arguing that the issues raised were factual and specific to the parties, not matters of general public importance. The Supreme Court, applying the principles from Hermanus Phillipus Steyn v Ruscone, found that the issues raised were factual determinations about a specific property and did not transcend the circumstances of the parties. The Court held that fraud is a factual question to be determined on evidence, and that the principles in Dina Management Case had already settled the legal position. The Court also found that the applicant's separate application to adduce additional evidence could not be used to support the certification application. The Court affirmed the Court of Appeal's decision and dismissed the originating motion, with each party bearing its own costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court of Appeal correctly exercised its jurisdiction in declining to certify the intended appeal as a matter of general public importance
  2. 2.Whether there are any grounds for review of that decision
  3. 3.Whether the proposed issues raise any matters of general public importance warranting certification and grant of leave by this Court

Key legal issues

#
01

Whether the Court of Appeal correctly declined to certify the intended appeal as raising matters of general public importance

Holding

The Supreme Court affirmed the Court of Appeal's decision, finding that the issues raised were factual determinations specific to the parties and did not transcend the circumstances of the case.

Reasoning

The Court applied the principles from Hermanus Phillipus Steyn case and found that the applicant's issues, particularly regarding fraud and the validity of title, were factual questions specific to the suit property. The Court noted that the principles in Dina Management Case had already settled the legal position on indefeasibility of title. The applicant's attempt to introduce additional evidence through a separate application was distinct from the certification application and could not be used to support certification. The Court also found that allegations of violation of constitutional rights under Articles 25(c) and 28 were factual issues specific to the parties and did not raise matters of general public importance.

02

Whether the applicant's application to adduce additional evidence could be considered in the certification application

Holding

The application to adduce additional evidence was separate and distinct from the certification application and could not be used to support certification.

Reasoning

The Court noted that the applicant had filed an application to adduce additional evidence before the Court of Appeal, which was separate from the certification application. The Court found that it would not be the correct approach to require the bench dealing with certification to consider evidence not contained in the judgment sought to be appealed against. The certification application must be based on the judgment as it stands, not on new evidence that might be introduced later.

Legal principles established

#
  • Fraud is a factual question that must be determined based on evidence presented in court.
  • A mere apprehension of a miscarriage of justice is not a proper basis for Supreme Court certification.
  • Certification for appeal requires issues that transcend the parties and affect the public generally.
  • An application to adduce additional evidence cannot be used to support a certification application.
  • Allegations of constitutional rights violations specific to the parties do not raise matters of general public importance.

Court orders

#
  1. 1.The Originating Motion dated October 4, 2024 and filed on October 9, 2024 be and is hereby dismissed
  2. 2.Each party to bear its own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority

Wrote the judgment

majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
On appeal from
Court of Appeal of Kenya
Nairobi Civil Appeal No.590 of 2019
Jurisdiction invoked
Article 163(4)(b) & (5) of the Constitution; Sections 3, 15, 15B, 23(2B) & 24 of the Supreme Court Act; Rules 3, 32, 33, 36 & 37 of the Supreme Court Rules, 2022

Relief refused

#

Review of the Court of Appeal's decision declining to certify the intended appeal as raising matters of general public importance

The issues raised are factual determinations specific to the parties and do not transcend the circumstances of the case; the principles in Dina Management Case are already settled; fraud is a factual question; no evidence was produced to demonstrate how the issues transcend the present parties.

Costs

Each party to bear its own costs

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot of our finding is that we affirm that the Court of Appeal was correct in its decision declining to certify the questions raised by the applicant as substantial questions of law of general public importance that would necessitate the exercise of this Court's jurisdiction under Article 163(4)(b) of the Constitution.
p. 5 Certification of appeal as matter of general public importance
It is our finding that fraud is a factual question to be determined on the basis of evidence adduced in a matter before a court from time to time. Beyond a general statement, no evidence was produced to demonstrate how this issue transcends the present parties.
p. 4 Fraud as factual question
a mere apprehension of a miscarriage of justice, as is echoed by the applicant, is a matter most apt for resolution in the superior courts below. It is not a proper basis for granting certification for an appeal to the Supreme Court
p. 4 Basis for certification

Key timeline

#
2024-09-20
Court of Appeal declines to certify Mombasa Cement's intended appeal as a matter of general public importance.
2024-10-09
Mombasa Cement files Originating Motion in Supreme Court seeking review of the Court of Appeal's decision.
2025-02-20
Supreme Court dismisses the Originating Motion, affirming the Court of Appeal's decision.

Practical implications

#
For lawyers

Certification standards tightened

When seeking Supreme Court certification under Article 163(4)(b), ensure your client's issues transcend the specific case and affect the public generally. Factual disputes about fraud or constitutional rights specific to the parties will not qualify. Separate applications for additional evidence cannot prop up a certification bid.

For businesses

Land fraud requires solid proof

If you challenge a land title based on fraud, you must present concrete evidence at trial. Mere allegations or suspicions will not overturn a title, and you cannot use a Supreme Court appeal to re-litigate factual disputes. Ensure your case is built on documented proof from the start.

For individuals

Your land dispute is not a national issue

The Supreme Court will not hear your land case just because you feel the lower courts got it wrong. Unless your dispute raises a legal question affecting many Kenyans (like a new interpretation of land law), you must accept the Court of Appeal's decision as final. Focus on presenting strong evidence early.

Frequently asked questions

#
What does 'general public importance' mean for Supreme Court appeals in Kenya?+

It means the legal issue must affect a large number of people or have significant public policy implications, not just the parties in the case. The Supreme Court only hears appeals that raise such broad questions, not factual disputes about a single property.

Can I appeal to the Supreme Court of Kenya if I feel the Court of Appeal was unfair?+

No. A feeling of unfairness or a miscarriage of justice is not enough. You must show that the Court of Appeal's decision involves a matter of general public importance, such as a conflicting interpretation of the Constitution or a law affecting many Kenyans.

How do I prove fraud in a land case in Kenya?+

Fraud must be specifically pleaded and proven with clear evidence, such as forged documents or witness testimony. General allegations without proof will not succeed. The court will examine the facts of your case, not just your claims.

What is the Dina Management case about in Kenya?+

The Dina Management case (Supreme Court) settled the law on indefeasibility of title: a registered landowner's title is protected unless fraud is proven against the person who obtained the registration. This case reaffirms that principle and says it does not need re-litigation.

Cite this brief

#

Cite this brief

Caselaw, "Mombasa Cement Limited v Ramji & 3 others", Case Analysis (2025). Civil Application E026 of 2024. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2025/5/eng@2025-03-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.