Grace Kamene M'berece v Joyce Rigiri W/O David Mbogori & another [2017] KECA 28 (KLR)
- Court
- Court of Appeal
- Case number
- 28
- Citation
- [2017] KECA 28 (KLR)
The Court of Appeal dismissed the application, finding that it does not show any error of law that has occasioned a failure of justice that needs to be corrected. The Court exercised its residual jurisdiction sparingly and only where there is miscarriage of justice.
Facts
The applicants (Joyce Rigiri and John Mbogori) sought to review a judgment from the High Court of Kenya at Meru, where they were respondents. The judgment was in a case where Grace Kamene M'berece was the appellant.
Issues
- Whether the Court of Appeal has the jurisdiction to review its own decisions
- Whether the Court of Appeal can review the judgment for an error or mistake apparent on the face of the record
Reasoning
The Court of Appeal examined the issue of running of time in adverse possession and found that the applicants did not make any tangible effort to stop time from running. The Court held that it lacks jurisdiction to review its own decisions prior to the 2010 Constitution.
Outcome
Application dismissed with costs to the respondents
Authorities cited
Cases cited (2)
- VALLABHDAS KARSANDAS RANIGA VS. MANSKJ KHALAL JIVRAJ & ANOTHER [1975] EA 700
- Rafiki Enterprises Ltd. v. Kingsway & Automart Ltd (supra)
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