[2021] KEHC 3081 (KLR)
The court found that the application for review was merited as there was an error apparent on the face of the record, specifically the reference to non-existent paragraphs in the judgment and the misspelling of the advocate's name. Since the application was not opposed and the errors were clear, the court allowed...
Source-derived case information.
- Citation
- [2021] KEHC 3081 (KLR)
- Parties
- Applicant: Doris Matha Wachira; Applicant: James Ngaruiya Koinange; Respondent: Emily Nuna Ngaruiya
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 21 of 2019
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application for review allowed
- Legal Topics
- Review of Judgment, Clerical Error, Adverse Possession, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Matha Wachira
Applicant
James Ngaruiya Koinange
Applicant
Emily Nuna Ngaruiya
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether there is a clerical or apparent error on the face of the judgment warranting review.
- 2 Whether the applicant is entitled to a review of the judgment under Order 45 rule 1, 2(1) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the application for review was merited as there was an error apparent on the face of the record, specifically the reference to non-existent paragraphs in the judgment and the misspelling of the advocate's name. Since the application was not opposed and the errors were clear, the court allowed the application for review and ordered that there be no orders as to costs.
Court Disposition
application for review allowed
Orders
- The application for review is allowed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA
ELC CASE NO. 21 OF 2019
IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT
AND
IN THE MATTER OF L.R. MWERUA/KIANDAI/282
BETWEEN
DORIS MATHA WACHIRA.............................................................1ST APPLICANT
JAMES NGARUIYA KOINANGE...................................................2ND APPLICANT
VERSUS
EMILY NUNA NGARUIYA.................................................................RESPONDENT
RULING
The Applicant vide a Notice of Motion brought under Order 45 rule 1, 2(1) CPR seeks the following orders:-
(1) Spent.
(2) That the Honourable Court be pleased to review its judgment dated 12th February 2021.
(3) That there be no orders as to costs.
The application is based on two grounds that there is a clerical error on the face of the record and that there is a mistake/error apparent on the face of the judgment. In his affidavit in support of the said application, Mr. Ayub Kabuli Anampiu who is the advocate for the Applicant stated that his clients have acquired L.R. MWERUA/KIANDAI/282 by the doctrine of adverse possession through a judgment of the Court delivered on 12/2/2021. The learned counsel further deponed that upon checking the judgment, he noticed that paragraph 4 of the orders referred to paragraphs 3(a) & (b) above which is an error apparent on the face of the record. He argued that there is no paragraph 3(a) & (b) referred thereto. The Applicant further also stated that his name was on page 2 of the judgment wrongly spelt as Ayub Kabuli Anampiu.
Having carefully considered the said application which is not opposed, I find the same merited and do hereby allow the same with no orders as to costs.
RULING READ, DELIVERED AND SIGNED IN OPEN COURT AT KERUGOYA THIS 8TH DAY OF OCTOBER, 2021.
...............................
E.C. CHERONO
ELC JUDGE
In the presence of:-
1. Applicant/Advocate – absent
2. Respondent/Advocate – no appearance
3. Kabuta, Court clerk – present.