[2024] KEELC 6906 (KLR)
The court found that the application for rectification of the decree was unopposed, as the defendants failed to respond despite proper service. The court exercised its inherent jurisdiction under Section 3A of the Civil Procedure Act to correct the description of the suit property in the decree, holding that such...
Source-derived case information.
- Citation
- [2024] KEELC 6906 (KLR)
- Parties
- Plaintiff: Edward Toya Fara; Plaintiff: Philemon Muganga Tsori; Defendant: Jimmy Verde Verge; Defendant: Beach Villas Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons 39 of 2019
- Procedural Posture
- Originating Summons / Ruling on Post Judgment Rectification Application
- Outcome
- Application for rectification of decree granted as prayed.
- Judges
- FM Njoroge
- Legal Topics
- Rectification of Decree, Description of Suit Property, Amendment of Court Orders
- 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
Edward Toya Fara
Plaintiff
Philemon Muganga Tsori
Plaintiff
Jimmy Verde Verge
Defendant
Beach Villas Limited
Defendant
Procedural Posture
Originating Summons / Ruling on Post Judgment Rectification Application
Legal Issues
- 1 Whether the court should rectify the decree to correct the description of the suit property from MW/III/414 KIKAMBALA to MN/III/414 KIKAMBALA.
Ratio Decidendi
The court found that the application for rectification of the decree was unopposed, as the defendants failed to respond despite proper service. The court exercised its inherent jurisdiction under Section 3A of the Civil Procedure Act to correct the description of the suit property in the decree, holding that such rectification was necessary to reflect the true intention of the judgment delivered on 16th July 2021. The court granted the application as prayed, amending the property description from MW/III/414 KIKAMBALA to MN/III/414 KIKAMBALA.
Court Disposition
Application for rectification of decree granted as prayed.
Orders
- The decree issued on 16/7/2021 is rectified by amending the description of the suit property from MW/III/414 KIKAMBALA to MN/III/414 KIKAMBALA.
Full Case Text
Judgment text and source record
23 paragraphs
Fara & another v Verge & another (Enviromental and Land Originating Summons 39 of 2019) [2024] KEELC 6906 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6906 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Enviromental and Land Originating Summons 39 of 2019
FM Njoroge, J
October 22, 2024
Between
Edward Toya Fara
1st Plaintiff
Philemon Muganga Tsori
2nd Plaintiff
and
Jimmy Verde Verge
1st Defendant
Beach Villas Limited
2nd Defendant
Ruling
1. Judgment in this matter, in favour of the plaintiff, was delivered on 16th July 2021 in favour of the plaintiffs.
2. The plaintiff has approached this court by Notice of Motion application dated 21/5/2024 under Section 3A of the Civil Procedure Act with the following prayers:a.Spent.b.This Honourable Court be pleased to issue an order for rectification of the decree issued on 16/7/2021 by amending/rectifying and/or correcting the description of the suit property from MW/III/414 KIKAMBALA to read MN/III/414 KIKAMBALA.
3. The application is premised on the grounds at the foot of it and the supporting affidavit sworn by Philemon Munganga Tsori.
4. Despite service by way of substituted service vide the Standard Newspaper of Friday 24th November 2023, the Defendants, just as in the main suit where they failed to enter appearance, failed to file any response to the application. The Application is therefore unopposed and I grant it in terms of prayers nos 1, 2 and 3 thereof.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 22ND DAY OF OCTOBER 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI