[2006] KEHC 2521 (KLR)
The court found that the judgment was delivered on 2nd March, 2004 but was erroneously dated 3rd March, 2004, constituting an error arising from an accidental slip or omission. Section 99 of the Civil Procedure Act empowers the court to correct such errors at any time, either on its own motion or on application by a...
Source-derived case information.
- Citation
- [2006] KEHC 2521 (KLR)
- Parties
- Plaintiff: Beat Koch; Defendant: Mukawa Hotels Holdings Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 888 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Correct Judgment Under Section 99 of the Civil Procedure Act
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Correction of Judgment, Clerical Errors, Accidental Slip Rule
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beat Koch
Plaintiff
Mukawa Hotels Holdings Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Correct Judgment Under Section 99 of the Civil Procedure Act
Legal Issues
- 1 Whether the court can correct the date of a judgment under section 99 of the Civil Procedure Act due to an accidental slip or omission.
- 2 Whether the judgment delivered on 2nd March, 2004 but dated 3rd March, 2004 constitutes a correctable error.
Ratio Decidendi
The court found that the judgment was delivered on 2nd March, 2004 but was erroneously dated 3rd March, 2004, constituting an error arising from an accidental slip or omission. Section 99 of the Civil Procedure Act empowers the court to correct such errors at any time, either on its own motion or on application by a party. Order 20, rule 3(1) of the Civil Procedure Rules requires that a judgment be dated and signed at the time of pronouncement. Since the error was clear from the court record and the defendant did not oppose the application, the court allowed the correction by substituting the correct date of delivery, 2nd March, 2004, in place of the erroneous date, 3rd March, 2004.
Court Disposition
application allowed
Orders
- The date of the judgment is amended to read 2nd March, 2004 instead of 3rd March, 2004.
- No order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 888 of 2001
BEAT KOCH………………………...........................…………………………PLAINTIFF
VERSUS
MUKAWA HOTELS HOLDINGS LIMITED……...................................…….DEFENDANT
R U L I N G
Under section 99 of the Civil Procedure Act, Cap. 21, clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties. The Plaintiff herein has applied for an order to correct an error on the face of the judgment delivered by Ibrahim, J. on 2nd March, 2004, but dated the 3rd of March, 2004. The error is stated to be that whereas the judgment was delivered on 2nd March, 2004 it was dated the 3rd of March, 2004. The court record shows that the judgment was indeed delivered on 2nd March, 2004. Under Order 20, rule 3 (1) of the Civil Procedure Rules, a judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it. The judgment in question was written and pronounced by Ibrahim, J. Under subrule (3) of the same rule, a judgment once signed shall not afterwards be altered or added to save as provided by section 99 aforesaid of Cap. 21 or on review.
The Defendant, though served with this application, did not file any papers in response thereto; nor did it appear at the hearing of the application.
Upon my own examination of the judgment and the record of the court I find that there is an error arising therein from an accidental slip or omission, that error being that whereas Ibrahim, J. wrote the judgment, and pronounced it on the 2nd of March, 2004, he dated it the 3rd of March, 2004. I can therefore amend the judgment to correct that error. I shall do so by substituting the 2nd of March, 2004 in place of 3rd of March, 2004 as the date of the judgment. The application by notice of motion dated 10th November, 2005 is therefore allowed upon the above terms with no order as to costs. Order accordingly.
DATED AND SIGNED AT NAIROBI THIS 9TH DAY OF MAY, 2006.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 12TH DAY OF MAY, 2006.