[1996] KECA 128 (KLR)
The Court of Appeal held that it is a creature of statute and only possesses the jurisdiction expressly granted to it by statute. There is no statutory provision or inherent jurisdiction that empowers the Court to review its own completed judgments. The application for review was therefore incompetent and was struck...
Source-derived case information.
- Citation
- [1996] KECA 128 (KLR)
- Parties
- Appellant: John Kinuthia Githinji; Respondent: Githua Kiarie; Respondent: Lucy Wamaitha; Respondent: Samuel Kiarie
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 99 of 1988
- Procedural Posture
- Civil Appeal / Application for Review of Judgment
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- GS Pall
- Legal Topics
- Appellate Jurisdiction, Review of Judgment, Court Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kinuthia Githinji
Appellant
Githua Kiarie
Respondent
Lucy Wamaitha
Respondent
Samuel Kiarie
Respondent
Procedural Posture
Civil Appeal / Application for Review of Judgment
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to review its own completed judgment.
- 2 Whether the application for review is competent before the Court of Appeal.
Ratio Decidendi
The Court of Appeal held that it is a creature of statute and only possesses the jurisdiction expressly granted to it by statute. There is no statutory provision or inherent jurisdiction that empowers the Court to review its own completed judgments. The application for review was therefore incompetent and was struck out for want of jurisdiction. Costs were awarded to the respondents.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out for want of jurisdiction.
- Costs of the application are awarded to the respondents.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI & PALL, JJ.A. & BOSIRE, Ag, J.A.) CIVIL APPEAL (APPLICATION) NO. 99 OF 1988
BETWEEN
JOHN KINUTHIA GITHINJI ..................................APPELLANT
AND GITHUA KIARIE
LUCY WAMAITHA
SAMUEL KIARIE ................................................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice A. Akiwumi) dated the 23rd day of August, 1988
in
P. & A. CAUSE NO. 583 OF 1981) *************************
RULING OF THE COURT
By Notice of Motion dated 19th August, 1996 the applicant asks this Court to review its judgment delivered on 12th April, 1995 in Nairobi Civil Appeal No. 99 of 1988. The application is expressed to be brought under rules 1(3), 31 and 5(2) (b) of the Rules of this Court and section 3(2) of the Appellate Jurisdiction Act.
This Court being a creation of statute enjoys only such jurisdiction as is conferred on it by statute. The power to review its completed judgment was not given to the court. Neither has it any inherent jurisdiction. This application is incompetent and is ordered struck out for want of jurisdiction. The costs of this application are awarded to the respondents.
Dated and delivered at Nairobi this 14th day of October, 1996.
P. K. TUNOI
........................
JUDGE OF APPEAL
G. S. PALL
......................
JUDGE OF APPEAL
S. E. O. BOSIRE
............................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR