[2008] KEHC 1241 (KLR)
The court found that the error in the year of the land transfer in the plaint was a typographical mistake apparent on the face of the record. Although amendments to pleadings are generally not allowed after judgment has been pronounced, the court exercised its discretion to set aside the judgment and grant leave to...
Source-derived case information.
- Citation
- [2008] KEHC 1241 (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
- Election Civil Suit / Application to Set Aside Judgment and Amend Plaint
- Outcome
- application granted
- Legal Topics
- Amendment of Pleadings, Fraudulent Land Transfer, Setting Aside Judgment
- 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
Election Civil Suit / Application to Set Aside Judgment and Amend Plaint
Legal Issues
- 1 Whether the court can allow amendment of the plaint after judgment has been pronounced.
- 2 Whether the error in the year of transfer in the plaint constitutes an error on the face of the record warranting amendment.
Ratio Decidendi
The court found that the error in the year of the land transfer in the plaint was a typographical mistake apparent on the face of the record. Although amendments to pleadings are generally not allowed after judgment has been pronounced, the court exercised its discretion to set aside the judgment and grant leave to amend the plaint to reflect the correct year. This was done to ensure that the record accurately reflected the facts and to prevent a miscarriage of justice. The absence of opposition from the respondent and the nature of the error justified the court's decision to allow the application.
Court Disposition
application granted
Orders
- Judgment set aside.
- Leave to amend the plaint to correct the year of transfer from 2007 to 2001 is granted.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Election Civil Suit 1494 of 2007
1. Land and Environmental Law Division
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 Kioni Kinya – defendant/Respondent –absent
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 NAIROBI.
M.A. ANG’AWA
JUDGE
P.M. Kiura instructed by Riunga Rainji & Co. Advocates for the plaintiff/applicant – present
Steve Kioni Kinya – defendant/Respondent –absent