Nyingi v Ngunjiri & 2 others (Environment & Land Case 125 of 2018) [2024] KEELC 1092 (KLR) (29 February 2024) (Ruling)

Summary at a glance

Facts

The plaintiff, Raphael Dennis Nyingi, sought to review the court's decision that cancelled the registration of the defendant's title and reverted it to the plaintiff. The 3rd Defendant/Applicant argued that the court's decision was based on new evidence, while the plaintiff argued that the court's decision was proper.

Issues

• Whether the 3rd Defendant/Applicant has satisfied the threshold to grant the review motion.
• Whether the 3rd Defendant/Applicant can pursue an appeal and a review concurrently.

Reasoning

The court ruled that a party cannot seek review and pursue an appeal against the same order/judgment. The court cited cases such as Gerald Kithu Muchanje vs. Catherine Muthoni Ngare & Another and Otieno, Ragot & Company Advocates vs. National Bank of Kenya Limited to support this position.

Outcome

Dismissed with costs

Orders

• Application dismissed with costs to the plaintiff.