Richard Saidi v Sembi Motors [1987] KECA 29 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed it only hears second appeals on questions of law, and rejected amending a plaint after judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the first appellate court erred in upholding the dismissal of the application to amend the plaint after judgment
- 2.Whether the first appellate court erred in upholding the dismissal of the application for review
- 3.Whether the case ought not to have been tried at Kakamega
Key legal issues
#Scope of a second appeal
A second appeal is confined to issues of law; no error of law having been shown, the appeal fails
The Court of Appeal noted that as a second appellate court it could only entertain issues of law. The respondent's counsel rightly stated that an appellant on second appeal must demonstrate that an error of law was committed by the court below. Upon considering the proceedings of both lower courts and hearing submissions, the Court could find no such error of law, and the appeal was accordingly dismissed with costs.
Amendment of plaint after judgment
It is not legally proper to allow a plaint to be amended after the suit has been tried and judgment delivered
The first appellate court had held that allowing amendment after trial and judgment would be legally improper, and the High Court decision on this point was upheld on second appeal. The trial court had dismissed the suit after finding the appellant had failed to prove his case on a balance of probabilities.
Legal principles established
#- On a second appeal the Court of Appeal will only entertain issues of law, and the appellant must demonstrate an error of law by the lower court
Court orders
#- 1.Appeal dismissed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court at Kakamega
- Civil Appeal No 14 of 1986
- Jurisdiction invoked
- Second appeal limited to matters of law
Relief refused
#Setting aside the dismissal of the applications to amend the plaint and for review
No error of law shown by the lower courts
Complaint that the case ought not to have been tried at Kakamega
An earlier transfer application had already been dismissed; the point was without merit
Costs
Appeal dismissed with costs (appellant to pay the respondent's costs)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is a second appeal and this court can only entertain it on issues of law.
in a second appeal it is incumbent on the appellant to show that an error of law has been committed by the lower court
it would not have been legally proper to allow the appellant to amend his plaint after the suit had already been tried and the judgment delivered
In the result this appeal is ordered to be dismissed with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Saidi v Sembi Motors [1987] KECA 29 (KLR)", Case Analysis (1987). Second Appeal from High Court Civil Appeal No 14 of 1986. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1987/29/eng@1987-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.