[2021] KEELC 2021 (KLR)
The court found that there was a clear typographical error in the land reference number as contained in the judgment delivered on 9th September 2021. The applicant promptly sought review to correct the error, and the application was unopposed by the respondents. The court determined that the correct land reference...
Source-derived case information.
- Citation
- [2021] KEELC 2021 (KLR)
- Parties
- Plaintiff: Everline Nangila Wekesa; Defendant: Martin Bukamu; Defendant: Edward Barasa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 49 of 2016
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application for review allowed; judgment reviewed and corrected
- Legal Topics
- Review of Judgment, Typographical Error, Land Reference Number, Correction of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Everline Nangila Wekesa
Plaintiff
Martin Bukamu
Defendant
Edward Barasa
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the judgment delivered on 9th September 2021 contains a typographical error in the land reference number that warrants review.
- 2 Whether the court should substitute the incorrect land reference number with the correct one in the judgment.
Ratio Decidendi
The court found that there was a clear typographical error in the land reference number as contained in the judgment delivered on 9th September 2021. The applicant promptly sought review to correct the error, and the application was unopposed by the respondents. The court determined that the correct land reference number is LR No. Kwanza/Kwanza Block 7/Tonyoto/190, and that all references to LR No. Kwanza/Kwanza/Tonyoto/190 in the judgment were erroneous. The court held that it is just and proper to review the judgment to reflect the correct land reference number, thereby ensuring clarity and accuracy in the court record and facilitating proper execution of the judgment.
Court Disposition
application for review allowed; judgment reviewed and corrected
Orders
- The judgment dated 9th September 2021 is reviewed to substitute all references to LR No. Kwanza/Kwanza/Tonyoto/190 with LR No. Kwanza/Kwanza Block 7/Tonyoto/190.
- The reviewed judgment shall bear the same date as the original and shall be deemed the final judgment for all purposes.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 49 OF 2016
EVERLINE NANGILA WEKESA.........................PLAINTIFF
VERSUS
MARTIN BUKAMU.....................................1ST DEFENDANT
EDWARD BARASA....................................2ND DEFENDANT
RULING
1. Judgment having been delivered in this suit on 9th September 2021 the applicant herein brought the instant application for review of the judgment quite promptly on 13th September 2021and the same was ordered served upon the respondents who never responded within the period given.
2. The application before me is quite straightforward. There is only one ground for the instant application for review: that the land reference number referring to the suit land in the judgment is incorrect.
3. The instant application, though served on the respondents as evidenced by the affidavit of service sworn by one Raphael Nyongesa Simiyu on 13th September 2021 is not opposed.
4. It is clear that there was a typographical error and the applicant is right in urging that the proper land reference number is Kwanza /Kwanza Block 7 /Tonyoto /190and notKwanza /Kwanza/ Tonyoto /190and that the judgment ought to be reviewed on that basis. Though the two references have been alternately used in the judgment to refer to the same land, the latter reference appears to have cropped up by way of a typographical error in the course of the judgment.
5. The upshot of the foregoing is that I find that the instant application has full merit and I grant the same in terms of prayer no 2 thereof. Consequently the judgment dated 9th September 2021 is hereby reviewed to the extent that all the references toLR No Kwanza /Kwanza/ Tonyoto /190are all substituted with LR NO.Kwanza /Kwanza Block 7 /Tonyoto /190.
6. The above mentioned alterations shall be incorporated in a reviewed judgment which shall bear the same date, and issue contemporaneously with, this ruling and for all intents and purposes that reviewed judgment shall henceforth be deemed to be the final judgment of this court in this suit for the purposes of execution proceedings and beyond.
7. Consequently and for the avoidance of doubt and to ensure that only one judgment is on the record in this suit, the judgment of this court dated 9/9/2021 is hereby vacated and substituted with the judgment as reviewed and issued pursuant to this ruling.
It is so ordered.
DATED, SIGNED AND DELIVERED AT KITALE VIA ELECTRONIC MAIL ON THIS 15TH DAY OF SEPTEMBER, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.