[1997] KECA 327 (KLR)
The Court of Appeal dismissed the application for review on the ground that it is a creature of statute and has only the jurisdiction expressly conferred upon it by law. Since there is no statutory provision granting the Court of Appeal the power to review its own judgments, it lacks jurisdiction to entertain such...
Source-derived case information.
- Citation
- [1997] KECA 327 (KLR)
- Parties
- Applicant: Kenneth Imbahale Akibaya; Respondent: Nairobi City Council; Respondent: Vallabhdas Karsandas Raniga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 283 of 1996
- Procedural Posture
- Civil Application / Application for Review of Appellate Decisions
- Outcome
- application dismissed with costs
- Legal Topics
- Appellate Jurisdiction, Review of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Imbahale Akibaya
Applicant
Nairobi City Council
Respondent
Vallabhdas Karsandas Raniga
Respondent
Procedural Posture
Civil Application / Application for Review of Appellate Decisions
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to review its own judgments.
Ratio Decidendi
The Court of Appeal dismissed the application for review on the ground that it is a creature of statute and has only the jurisdiction expressly conferred upon it by law. Since there is no statutory provision granting the Court of Appeal the power to review its own judgments, it lacks jurisdiction to entertain such an application. The application was therefore incompetent and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, LAKHA, JJ.A. & BOSIRE, AG.J.A.)
CIVIL APPLICATION NO. NAI. 283 OF 1996 (107/96UR)
BETWEEN
KENNETH IMBAHALE AKIBAYA....................................APPLICANT
AND
NAIROBI CITY COUNCIL
VALLABHDAS KARSANDAS RANIGA.....................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Nairobi (Justice Mango) dated 10th March, 1992
in
H.C.C.C. NO. MISC. 359 OF 1984) **********************
RULING OF THE COURT
This is an application, as the applicant himself stated in its support, for a review of two earlier decisions of this Court in Civil Appeals No. 126 of 1991 and 181 and 1993. This court is a creature of statute and has only such jurisdiction as is conferred upon it by law. We have no jurisdiction to sit on review of our judgments. Accordingly, this application fails and is dismissed with costs.
Made and delivered at Nairobi this 1st day of October, 1997.
P.K. TUNOI
............................
JUDGE OF APPEAL
A.A. LAKHA
.............................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR