[2013] KEHC 2144 (KLR)

[2013] KEHC 2144 (KLR)

The court found that there were indeed errors apparent on the face of the record in the judgment dated 27th May 2011. In the interest of justice and pursuant to Order 45 rule 1 of the Civil Procedure Rules, the court allowed the application for review. The judgment was ordered to be reviewed and corrected as...

Source-derived case information.

Citation
[2013] KEHC 2144 (KLR)
Parties
Applicant: Clarence Jumba; Respondent: Baby K N (Minor)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Adoption Cause 7 of 2010
Procedural Posture
Adoption Cause / Ruling on Application for Review of Judgment
Outcome
application for review allowed
Judges
DN Musyoka
Legal Topics
Adoption Review, Errors on Face of Record, Judgment Correction
Source Language
english
Family and Children Civil Procedure Adoption Review Errors on Face of Record Judgment Correction

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Summary, issues, holding and outcome

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Parties

Clarence Jumba

Applicant

Baby K N (Minor)

Respondent

Procedural Posture

Adoption Cause / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether there are errors apparent on the face of the record in the judgment dated 27th May 2011 that warrant review.
  2. 2 Whether the application for review under Order 45 rule 1 of the Civil Procedure Rules is merited.

Ratio Decidendi

The court found that there were indeed errors apparent on the face of the record in the judgment dated 27th May 2011. In the interest of justice and pursuant to Order 45 rule 1 of the Civil Procedure Rules, the court allowed the application for review. The judgment was ordered to be reviewed and corrected as proposed in the annexure to the supporting affidavit. The court exercised its discretion to ensure that the record accurately reflects the court's intention and the applicable law, particularly given the sensitive nature of adoption proceedings involving a minor.

Court Disposition

application for review allowed

Orders

  • The application dated 6th May 2013 is allowed.
  • The judgment dated 27th May 2011 shall be reviewed in the manner proposed in annexture ‘CJ 1’ to the affidavit sworn on 6th May 2013 by Clarence Jumba.