[2019] KEHC 8207 (KLR)
The court found, upon reviewing the calculations in the judgment, that the correct total for damages should have been Kshs. 310,049.60 as argued by the respondents. Since the application for rectification was unopposed and the error was evident, the court allowed the application and ordered the judgment to be...
Source-derived case information.
- Citation
- [2019] KEHC 8207 (KLR)
- Parties
- Appellant: Channan Agricultural Contractors; Appellant: Waswa Mourice; Respondent: Erick Apollo Aliaro; Respondent: Joyce Julia (suing on behalf of the estate of Kennedy Henry Aliaro)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 107 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Application for Rectification of Judgment
- Outcome
- Application for rectification of judgment allowed.
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Judgment, Calculation of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Channan Agricultural Contractors
Appellant
Waswa Mourice
Appellant
Erick Apollo Aliaro
Respondent
Joyce Julia (suing on behalf of the estate of Kennedy Henry Aliaro)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Rectification of Judgment
Legal Issues
- 1 Whether there was an error in the calculation of the total damages awarded in the judgment delivered on 25th May 2017.
- 2 Whether the judgment should be rectified to reflect the correct total damages.
Ratio Decidendi
The court found, upon reviewing the calculations in the judgment, that the correct total for damages should have been Kshs. 310,049.60 as argued by the respondents. Since the application for rectification was unopposed and the error was evident, the court allowed the application and ordered the judgment to be rectified accordingly.
Court Disposition
Application for rectification of judgment allowed.
Orders
- The judgment delivered on 25th May 2017 is rectified to reflect the total damages as Kshs. 310,049.60.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 107 OF 2014
CHANNAN AGRICULTURAL CONTRACTORS.....1ST APPELLANT
WASWA MOURICE.......................................................2ND APPELLANT
VERSUS
ERICK APOLLO ALIARO.........................................1ST RESPONDENT
JOYCE JULIA..............................................................2ND RESPONDENT
(suing on behalf of the estate of Kennedy Henry Aliaro)
(Being an appeal from the judgment and decree of Principal Magistrate’s Court, Butere delivered on 4th September 2014 in Civil Suit No. 1 of 2013)
RULING
1. The application dated 1st August 2017 seeks rectification of an error in a judgement that was delivered herein on 25th May 2017.
2. The court had adjusted the award of damages made by the trial court and arrived at a total of Kshs. 265, 756. 80 after some calculations. The respondents argue that the correct total figure should have been Kshs. 310, 049. 60.
3. I have looked through the judgement and worked out the calculations based on the figures worked out by the court, and I have arrived at a total of Kshs. 310, 049. 60.
4. As the application is not opposed by the appellants, I shall allow it as prayed. Costs shall be in the cause.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 29th DAY OF April, 2019
W MUSYOKA
JUDGE