Patrick Gathenya v Esther Njoki Rurigi & another [2008] KECA 32 (KLR)
- Court
- Court of Appeal
- Case number
- 32
- Citation
- [2008] KECA 32 (KLR)
- Decided
- 19 December 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to set aside the judgment and order in Civil Appeal No. 128 of 2002CoramP.K. TUNOI, E.M. GITHINJI, P.N. WAKI
Holding
The court has jurisdiction to deal with the application in the manner sought and the application is for striking out.
Facts
Sixteen years prior, Njoki filed a suit for recovery of land parcel illegally occupied by Gathenya. The superior court and this court granted a declaration and eviction order, and a consequential order for cancellation of illegal amendments to the Registry Index Map.
Issues
- Whether this court has jurisdiction to set aside or review its own judgments and reopen litigation for further agitation.
- Whether the court has jurisdiction to re-open and rehear an appeal that has been concluded and decided on 29th April, 2005.
Reasoning
The court held that the court does not have the power to re-open and rehear an appeal that has been concluded and decided on 29th April, 2005, and that the public policy principle that there must be an end to litigation triumphed over the principle that justice must be done.
Outcome
The application is for striking out and the order is granted.
Orders
- The application is for striking out and the order is granted.
Authorities cited
Cases cited (3)
- R v Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte (No. 2) (1999) 1 ALL ER 577
- Musiara Ltd. V. Ntimama [2004] 2KLR 172
- Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others, Civil Appl. Nai. 307/03 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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