[2023] KEHC 2118 (KLR)
The court found that the application to correct the computation error in the judgment was meritorious and unopposed. Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct clerical or arithmetical mistakes at any time, the court ordered that the computation of damages at paragraph 55...
Source-derived case information.
- Citation
- [2023] KEHC 2118 (KLR)
- Parties
- Plaintiff: Anne Delorie; Defendant: The Aga Khan Health Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 64 of 2005
- Procedural Posture
- Civil Case / Ruling on Application to Correct Computation Error in Judgment
- Outcome
- Application for correction of computation error allowed.
- Judges
- AN Ongeri
- Legal Topics
- Correction of Judgment, Arithmetical Errors, Clerical Mistakes, Civil Procedure Act Section 99
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Delorie
Plaintiff
The Aga Khan Health Services Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application to Correct Computation Error in Judgment
Legal Issues
- 1 Whether the court should correct a clerical or arithmetical error in the computation of damages in the judgment delivered on 31/5/2022.
Ratio Decidendi
The court found that the application to correct the computation error in the judgment was meritorious and unopposed. Relying on Section 99 of the Civil Procedure Act, which empowers the court to correct clerical or arithmetical mistakes at any time, the court ordered that the computation of damages at paragraph 55 of the judgment delivered on 31/5/2022 be corrected from Kshs.5,193,452.00 to Kshs.6,193,452.00. The correction was necessary to reflect the accurate computation of the award, and the court issued orders accordingly.
Court Disposition
Application for correction of computation error allowed.
Orders
- The computation of damages at number 55 of the judgment delivered on 31/5/2022 is corrected to read a total of Kshs.6,193,452.00 instead of Kshs.5,193,452.00.
- Orders to issue accordingly.
Full Case Text
Judgment text and source record
20 paragraphs
Delorie v Aga Khan Health Services Ltd (Civil Case 64 of 2005) [2023] KEHC 2118 (KLR) (Civ) (17 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2118 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case 64 of 2005
AN Ongeri, J
March 17, 2023
Between
Anne Delorie
Plaintiff
and
The Aga Khan Health Services Ltd
Defendant
Ruling
1. The application coming for consideration in this ruling is the one dated 3/11/2022 seeking correction of an error in the computation of the award in the judgment delivered on 31/5/2022.
2. The application is not opposed by the respondent and I find that the same is meritorious.
3. Section 99 of the Civil Procedure Act states as follows:-“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 on its own motion or on the application of any of the parties.”
4. The computation of damages is accordingly corrected at number 55 of the judgment delivered on 31/5/2022 to read a total of kshs.6,193,452. 00 instead of kshs.5,193,452. 00. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 17TH DAY OF MARCH, 2023. ………………………A. ONGERIJUDGEIn the presence of:……………………………. for the Plaintiff……………………………. for the Defendant