[2008] KEHC 107 (KLR)
The court found that the error in the plaint, which stated the year of the land transfer as 2007 instead of 2001, was a typographical error apparent on the face of the record. Although amendments to pleadings are generally not allowed after judgment under Order VA of the Civil Procedure Rules, the court exercised...
Source-derived case information.
- Citation
- [2008] KEHC 107 (KLR)
- Parties
- Plaintiff: Amon Muthamia Mbui Igweta; Defendant: Steve Kioni Kinya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1494 of 2007
- Procedural Posture
- Notice of Motion / Application to Set Aside Judgment and Amend Plaint
- Outcome
- Application granted. Judgment set aside and leave to amend plaint granted.
- Legal Topics
- Fraudulent Land Transfer, Amendment of Pleadings, Error on Face of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amon Muthamia Mbui Igweta
Plaintiff
Steve Kioni Kinya
Defendant
Procedural Posture
Notice of Motion / Application to Set Aside Judgment and Amend Plaint
Legal Issues
- 1 Whether the court can set aside a finalized judgment to allow amendment of the plaint to correct a typographical error regarding the date of land transfer.
- 2 Whether the error in the plaint (year 2007 instead of 2001) constitutes an error on the face of the record justifying amendment post-judgment.
Ratio Decidendi
The court found that the error in the plaint, which stated the year of the land transfer as 2007 instead of 2001, was a typographical error apparent on the face of the record. Although amendments to pleadings are generally not allowed after judgment under Order VA of the Civil Procedure Rules, the court exercised its discretion to set aside the judgment to allow the correction of this error. The court held that the amendment was necessary to ensure the record accurately reflected the facts and did not prejudice the parties, as the substance of the judgment remained unchanged. Accordingly, the application to set aside the judgment and grant leave to amend the plaint was allowed.
Court Disposition
Application granted. Judgment set aside and leave to amend plaint granted.
Orders
- Judgment dated 17 April 2008 is set aside.
- Leave is granted to the plaintiff to amend the plaint to correct the date of transfer from 29 October 2007 to 29 October 2001.
Full Case Text
Judgment text and source record
36 paragraphs
Land and Environmental Law Division?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
2. Subject of finalized Suit
LR Kiambu Municipality Block 111/163
Fraud
3. Civil Procedure and Practice
Notice of motion 22 May 2008 application to set aside judgment to amend error on the face of the record.
4. Held:
Typing error on the plaint reads year 2007 of the transfer instead of 2001.
Application granted.
7. Advocate.
P.M. Kiura instructed by Riunga Rainji & Co. Advocates for the plaintiff/applicant – present
Steve KioniKinya – defendant/Respondent –absent
REPUBLIC OF KENYA
IN THE HIGH OF KENYA
AT NAIROBI
CIVIL SUIT 1494 OF 2007
AMON MUTHAMIA MBUI IGWETA………………......PLAINTIFF
VERSUS
STEVE KIONI KINYA………………………………….DEFENDANT
RULING
I.Background
1. This is a finalized suit.I delivered my judgment on 17 April 2008 and entered judgment for the plaintiff on a fraud matter to land.
2. There were fake documents used to impersonate the plaintiff by another who then used the same to transfer land.The plaintiff sought orders to have the land revert back to him.
3. By the courts judgment the prayers were granted.
II:Application 22 May 2008
4. The applicant prays to set aside the judgment in order to have prayer of the plaint be amended to read
29 October 2001 instead of 29 October 2007.
II:Opinion
5. The court notes under Order VA Civil Procedure Rules amendment of pleading cannot be done after judgment (pronounced).
6. I hereby allow the said application and duly set my judgment aside.
7. That leave to amend the plaint be and is hereby granted.
DATED THIS 30TH DAY OF JULY 2008 AT?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /NAIROBI.
M.A. ANG’AWA
JUDGE
P.M. Kiura instructed by Riunga Rainji & Co. Advocates for the plaintiff/applicant – present
Steve KioniKinya – defendant/Respondent –absent